'Fake' Elector Plot Raises Concerns Over Legal Peril, Indictment Shows

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'Fake' Elector Plot Raises Concerns Over Legal Peril, Indictment Shows
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There were doubts about alternate electors across seven states and within the Donald Trump campaign.

There was a problem: Joe Biden had already been declared the certified winner in Pennsylvania. So a number of the Republicans on the Dec. 12 conference call, who had volunteered to serve as Trump electors if he won the state, said they were uncomfortable portraying themselves as legitimate electors, according to a federal indictment filed against Trump last week accusing him of trying to overturn the 2020 election.

In five other states, Republicans did not hedge. Instead, they signed paperwork claiming to be electors for the president and casting their votes for Trump, even though he had lost their states. Electors in a seventh state, New Mexico, included contingency language similar to that in Pennsylvania. The Trump campaign then moved ahead with plans to use all the certificates to pressure Congress not to certify the electoral college count for Biden.

Special counsel Jack Smith on Aug. 1 announced four charges against former president Donald Trump in his investigation into the 2020 election. Out in the states, similar doubts percolated. New Mexico electors included contingency language similar to the Pennsylvania language. It is not clear why the Trump campaign included New Mexico in the scheme, since Biden won the solidly Democratic state by more than 10 percentage points. The other six states produced Biden’s narrowest winning margins.

Thomas W. King III, the general counsel for the state Republican Party, sent a Trump campaign official an email the day before the electors were set to meet saying he understood the Trump electors in Pennsylvania were told they would receive “indemnification by the campaign if someone gets sued or worse.”

Three days before the electors were to meet, Lawrence Tabas, the chairman of the Pennsylvania Republican Party, contacted Hitt, his counterpart in Wisconsin, to ask if the Republican electors in his state would be meeting. Hitt confirmed they would be.

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