Decision on whether Michigan false elector cases advance likely months away

LANSING, Mich. — A judge said Tuesday she's considering dates in September, October and November for the final preliminary examinations for Michigan's 2020 false presidential electors, meaning a decision on whether their cases will go to trial remains likely months away.

Ingham County District Court Judge Kristen Simmons made the comments during a brief hearing aimed at scheduling the exams for three of the 15 Republicans who are facing felony forgery charges after signing a document on Dec. 14, 2020, that falsely claimed then President Donald Trump had won Michigan's electoral votes.

"Let me have you send me actual (dates in) September, October and November because it could get challenging trying to work with all of these professional schedules," Simmons told the prosecution team and defense lawyers on Tuesday. "That will give us enough time to make sure we lock up that time, and it's not conflicting with any other court dates that you have."

On July 18, 2023, nearly a year ago, Michigan Attorney General Dana Nessel announced eight felony charges against each of the 16 Republicans whose names appeared on the false electoral certificate, which Trump's campaign used in an attempt to overturn his loss to Democrat Joe Biden.

Through the preliminary exams, Simmons must determine whether Nessel's office has presented enough evidence to show there's probable cause to believe a crime occurred and to allow the cases to advance to trial.

The preliminary exams for six of the 16 Republicans, including former Michigan Republican Party Co-Chairwoman Meshawn Maddock and Republican National Committeewoman Kathy Berden, concluded after six days of testimony and arguments in April. The exams for six others wrapped up in June after seven days of testimony.

One of the electors, James Renner of Lansing, has a cooperation agreement with Nessel's office, and the charges were dropped against him, leaving the exams for three individuals — Shelby Township Clerk Stan Grot, Wyoming Mayor Kent Vanderwood and Timothy King of Ypsilanti — still to occur.

Simmons has said she will decide whether to allow the cases to proceed after all of the exams are over and the lawyers on both sides have filed briefs making their final arguments.

If the last set of exams occurs this fall, the proceedings could coincide with the final weeks of the rematch between Trump and Biden. Election Day is Nov. 5.

Nessel, a Democrat and Michigan's top law enforcement official, previously criticized how long it has taken cases related to the 2020 presidential election to reach the trial stage.

"We charged these cases, you know, about a year ago, and we've not even completed any of the exams," Nessel said during a May interview.

However, Simmons has noted the electors matter started as a "16 co-defendant case."

"They all have the right to bring their own counsel," Simmons said last month. "They all have the right to cross examine. They all have the right to bring their own witnesses should they want to do that.”

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