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News / Politics

Explainer: How fake electors tried to throw result to Trump

False certificates declaring Trump winner submitted

By Associated Press
Published: February 21, 2022, 6:58pm
2 Photos
FILE - In this Jan. 6, 2021, photo, the Republican side, right, in the House chamber is seen as Speaker of the House Nancy Pelosi, D-Calif., and Vice President Mike Pence officiate as a joint session of the House and Senate convenes to count the Electoral College votes cast in November's election, at the Capitol in Washington. State attorneys general and the House committee investigating the Jan. 6 attack on the Capitol are digging deeper into the role that fake slates of electors played in the desperate effort by former President Donald Trump to cling to power after his defeat in the 2020 election. (AP Photo/J.
FILE - In this Jan. 6, 2021, photo, the Republican side, right, in the House chamber is seen as Speaker of the House Nancy Pelosi, D-Calif., and Vice President Mike Pence officiate as a joint session of the House and Senate convenes to count the Electoral College votes cast in November's election, at the Capitol in Washington. State attorneys general and the House committee investigating the Jan. 6 attack on the Capitol are digging deeper into the role that fake slates of electors played in the desperate effort by former President Donald Trump to cling to power after his defeat in the 2020 election. (AP Photo/J. Scott Applewhite, Pool, File) Photo Gallery

WASHINGTON — State attorneys general and the House committee investigating the Jan. 6 attack on the Capitol are digging deeper into the role that fake slates of electors played in Donald Trump’s desperate effort to cling to power after his defeat in the 2020 presidential election.

Electors in seven battleground states signed certificates falsely stating that Trump, not Democrat Joe Biden, had won their states. They mailed those certificates to the National Archives and Congress, where they were ignored.

Now those certificates are getting a second look from lawmakers as they conduct an expansive review of the riot on Jan. 6, 2021, and the events preceding it. More than a dozen people have been subpoenaed so far.

A look at who the electors are, how the scheme unfolded and why lawmakers are investigating now:

WHO ARE THE PRESIDENTIAL ELECTORS?

Electors are people appointed by state parties, sometimes before the general election, to represent voters. The job is often given to current and former party officials, state lawmakers and party activists.

The winner of the state’s popular vote determines which party’s electors are sent to the Electoral College, which convenes in December after the election to certify the winner.

There are currently 538 electors, matching the number of U.S. senators and representatives, plus three for the District of Columbia.

Once chosen to be an elector, members gather in their respective state capitals on the first Monday after the second Wednesday in December to certify their statewide popular vote winner. Each elector gets two votes: one for president and one for vice president.

To cast the votes, each elector signs six certificates. One gets mailed to the Senate president, two go to their state’s secretary of state and two go to the National Archives. The last is sent to a local judge.

HOW DOES CONGRESS COUNT ELECTORAL CERTIFICATES?

Once the certificates are sent, Congress gathers on Jan. 6 at 1 p.m. for a joint session to tally votes in the Electoral College. The process is prescribed by federal law and, up until 2020, was mostly routine.

The sitting vice president presides over the session and opens the vote certificates from each state in alphabetical order.

After the certificates are opened, they are passed off to four tellers — two from the House and two from the Senate — who announce the results. House tellers include one representative from each party and are appointed by the House speaker. At the end of the count, the vice president announces the name of the next president.

The certification of the results on Jan. 6, 2021, was upended as a mob of Trump’s supporters fought past police and broke into the Capitol, halting the process and forcing lawmakers and Pence into hiding. Biden’s victory in the Electoral College was certified in the early morning of Jan. 7.

WHAT WERE TRUMP ALLIES TRYING TO DO?

On Dec. 14, 2020, as Democratic electors in key swing states met at their seat of state government to cast their votes, Republicans who would have been electors had Trump won gathered as well. They declared themselves the rightful electors and submitted false Electoral College certificates declaring Trump the winner of the presidential election in Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin,

Those certificates from the “alternate electors” in seven states were sent to Congress. Several of Trump’s Republican allies in the House and Senate used them to justify delaying or blocking the certification of the election during the joint session of Congress.

On two of the certificates, from New Mexico and Pennsylvania, the fake electors added a caveat saying the certificate was submitted in case they were later recognized as duly elected, qualified electors.

But the lies about election fraud from the Trump and his allies ended up having grave consequences beyond the Electoral College certification, fueling the deadly insurrection on the Capitol building that day.

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