Trump supporters in Nevada and six other states where President Biden won sent what appeared to be official documents to Congress claiming that Trump was the true winner. In Nevada, they were charged in December with filing false documents and issuing false papers. Together, the two charges carry a maximum sentence of nine years in prison. Those charged include Nevada Republican Party Chairman Michael J. McDonald.
The judge ruled in court after Republican lawyers argued that the lawsuit should have been filed elsewhere because Trump’s campaign rally took place in Carson City, more than 400 miles from Las Vegas.
A spokesman for Nevada Attorney General Aaron Ford told The Washington Post that the state plans to appeal the judge’s decision “immediately.” The statute of limitations ran out shortly after the Clark County lawsuit was filed, making it unlikely the suit can be refiled in another jurisdiction.
The appeal could go to the state Supreme Court, which could decide the case, or it could be sent to a lower appeals court. Arguments are expected to take months, making a decision unlikely before the November election.
Lawyers for the Nevada Republican Party said they were pleased with Friday’s ruling and were keeping an eye on the state’s appeal.
“The judge followed the law and correctly determined that Clark County lacked jurisdiction,” attorney Monty Levy said. “We are confident that the Nevada Supreme Court will uphold Judge Holthus’ decision.”
Republicans involved in the electoral caucuses in four other states – Arizona, Georgia, Michigan and Wisconsin – are being prosecuted separately by local or state prosecutors. Their cases are not affected by Friday’s ruling.
The remaining Republicans in Pennsylvania and New Mexico were not indicted because, unlike the other states, the paperwork they filed included language saying their electoral votes would only be counted if Trump was determined to be the actual winner.
Amy Gardner and Hayden Godfrey contributed to this report.
