During a preliminary hearing for six individuals facing forgery and other charges related to the submission of a fake Certificate of Votes in Michigan's 2020 presidential election, an official testified that the document was clearly fraudulent. The accused allegedly acted as false electors and submitted a document falsely claiming to be the state's 'duly elected and qualified electors.' However, the submitted certificate did not match an authentic document signed by Michigan Governor Gretchen Whitmer and bearing the state seal.
Dan Schwager, who served as general counsel to the secretary of the Senate from 2020 to 2021, testified in Lansing District Court that the purported Certificate of Votes was unauthorized and blatantly fake. Michigan Attorney General Dana Nessel has charged a total of 15 Republicans in this case of fake electors. Investigations have revealed that the group signed the fraudulent document during a meeting held at the Michigan Republican headquarters on December 14, 2020.
Despite Joe Biden's victory in Michigan with a lead of approximately 155,000 votes over then-President Donald Trump, the defendants claim that their actions were not illegal. A GOP-led state Senate investigation in 2021 also confirmed Biden's win. It is worth noting that similar incidents occurred in other battleground states, where fake electors from Michigan and six other states sent certificates to Congress falsely declaring Trump the winner of the 2020 presidential election, despite the confirmed results showing otherwise. Michigan, Georgia, and Nevada have prosecuted individuals involved in such fraudulent activities. In Wisconsin, Republicans who acted as false electors reached a legal settlement acknowledging Biden's victory and admitting that their efforts were part of an improper attempt to overturn the 2020 election results.
Schwager mentioned during the hearing that the false Michigan document arrived at the U.S. Senate's mail services on January 5, 2021, and he reviewed it a few days later. He added that receiving occasional spurious submissions from individuals claiming to be electors was not uncommon, although the frequency is usually low, with possibly only a few instances every four or eight years.
Miriam Vincent, acting director of Legal Affairs and Policy for the Office of the Federal Register, also testified that their office, which is part of the National Archives, received materials purporting to be Certificates of Votes from non-official sources. The return address on one of these documents listed the Michigan Republican Party, according to Vincent.
Former Michigan GOP Communications Director Anthony Zammit testified in December that he believes an attorney for Trump's campaign took advantage of some of the 15 Republicans involved in this case.
Preliminary hearings are non-jury proceedings where the judge determines if there is sufficient evidence to substantiate the charges. In this instance, six defendants are having their cases heard together, while a seventh defendant had their case postponed due to their attorney not showing up. The remaining eight defendants will have their preliminary examinations on separate later dates.
