The Nevada Legislature has approved Senate Bill 133, a measure aimed at addressing the issue of fake electors in the state. While those responsible for submitting fraudulent election certification documents after the 2020 presidential election will not face charges, future perpetrators could potentially be sentenced to up to ten years in prison. The bill designates the creation, conspiracy, or service on a false slate of electors as a category B felony, with a minimum prison term of four years and a fine of up to $5,000. Additionally, individuals involved in such fraudulent activities would be barred from holding public office or employment with state or local government.
Before the bill becomes law, it must receive the approval of Governor Joe Lombardo. Just two weeks ago, Lombardo expressed support for one of the fake electors, raising questions about his stance on the issue. The governor has five days from the receipt of the bill to sign it into law or veto it.
In the Assembly, SB 133 passed with a party-line vote of 28-14, with Democrats in favor and Republicans opposed. The bill had previously passed the Senate with an 11-10 vote. SB 133 is a response to the coordinated attempt by the 2020 Trump campaign and its allies to overturn the election results, which led to the insurrection at the U.S. Capitol on January 6, 2021. In Nevada and several other states, groups of Republicans signed fraudulent election certification documents in an effort to grant electoral votes to Trump unlawfully. These documents were then submitted to Congress and the National Archives.
While Governor Lombardo has not been a vocal election denier, he has not publicly disavowed the actions of the fake electors or Trump’s attempts to undermine the 2020 election. Lombardo accepted Trump’s endorsement and appeared with him at a rally in Minden. However, during a gubernatorial campaign debate, Lombardo stated that he did not believe the 2020 election was rigged.
Michael J. McDonald, James DeGraffenreid, Duward James Hindle III, Jesse Law, Shawn Meehan, and Eileen Rice are among those who signed the false document from Nevada. A select U.S. House committee looking into the attack on January 6 subpoenaed two of them, McDonald and DeGraffenreid, but they refused to testify. Although these fake electors are not currently facing criminal charges in Nevada, their actions have raised concerns about the integrity of the democratic process.
During a committee hearing, Democratic Attorney General Aaron Ford referred to the act of the fake electors as a “manufactured, propagandistic lie” that damaged trust in the democratic process. However, he explained that existing state law does not directly address the submission of phony electoral certificates as a crime, preventing charges from being brought against the fake electors. Some groups, including public defender’s offices, opposed SB 133, arguing that the prescribed punishments were excessive. They advocated for more measured punishment and judicial discretion based on individual circumstances. On the other hand, Democratic Assemblywoman Brittney Miller defended the severity of the penalties, characterizing the crime as an offense against the republic and democracy itself.
Now, it remains to be seen whether Governor Lombardo will sign the bill into law, which would signal a firm stance against fraudulent election activities in Nevada.
