Wisconsin Prosecution of 2020 Election Scheme Continues, Other States Falter

Five years after the 2020 presidential election, state-led cases against individuals involved in “fake elector” plans to overturn that year’s election results in favor of President Donald Trump have hit roadblocks.

Just this fall, a judge in Michigan dismissed the state’s case against 15 people accused of falsely acting as electors to certify the presidential election for Trump in 2020. A Georgia prosecutor, who took over that state’s case in November after the district attorney was removed, dropped the charges against Trump and other people who were accused of 2020 election interference in the state.

But unlike Michigan and Georgia, Wisconsin’s criminal case has not faced such legal stumbles so far. A preliminary hearing in the criminal case against former Trump campaign attorneys Kenneth Chesebro and Jim Troupis and former campaign aide Michael Roman was held Monday morning in Dane County Circuit Court.

Legal experts said Wisconsin’s case at this point differs from those in Michigan and Georgia in key ways. There have been no major scandals so far, no changes have been made to people overseeing the case, and Wisconsin’s prosecution has a narrower focus than those in other states, said Lori Ringhand, a constitutional and election law professor at the University of Georgia School of Law.

“The prosecution isn’t of the electors,” Ringhand said. “It’s of the actual people, the very high-level Trump campaign people, attorneys who are accused of facilitating the entire scheme.”

Democratic Wisconsin Attorney General Josh Kaul in June 2024 charged Chesebro, Troupis and Roman with 11 felony forgery counts each for generating documents that falsely claimed Trump won Wisconsin in 2020. The three men allegedly originated the fake electors plan in Wisconsin that spread to other swing states across the country with close vote margins between Trump and former President Joe Biden.

Wisconsin’s focus on Chesebro, Troupis and Roman could be a stronger case than if the state focused on the slate of false electors, Ringhand said. That’s because it’s hard to prove intent in the cases targeting just electors.

In the Michigan case, the Associated Press reported the judge in September said that the state failed to prove the electors had intended to commit fraud. A majority of the Wisconsin false electors said they did not believe their signatures certifying a Trump election in the state would be sent to Washington, D.C., according to an amended criminal complaint filed in December 2024.

“Against the electors themselves, I think it was going to be difficult to prove that they were intending to do something false or fraudulent, as opposed to just creating backup slates,” Ringhand said. “That evidence may look different with these people who are the very high-level organizers of the kind of nationwide effort to create these slates in order to perpetuate this narrative or create challenges or confusion on the House floor.”

The case in Georgia, which included Trump as a defendant, was marred by scandal as Fulton County District Attorney Fani Willis was ultimately disqualified after news surfaced that she had a romantic relationship with a member of her prosecution team. That slowed the legal process, Ringhand said, and the new prosecutor saw challenges in the time delays and potentially prosecuting a sitting president.

While Wisconsin’s case hasn’t faced these obstacles, some could surface in the future, said Jeff Mandell, general counsel and co-founder of Law Forward. The organization filed a civil case against the state’s false electors, which was settled in 2023.

Mandell pointed out that it’s already taken the state a year and a half to just reach a preliminary hearing. The defendants this year have sought multiple times to dismiss the charges. Troupis, a former Dane County judge, last week requested all Dane County judges be prohibited from overseeing the case “to avoid the appearance of bias or impropriety.” Additionally, the Associated Press reported Friday that Wisconsin U.S. Sen. Ron Johnson asked the U.S. Department of Justice to investigate allegations from Troupis that the judge overseeing his case is guilty of misconduct.

More efforts to delay and “throw sand in the gears” could show up as the Wisconsin case advances, Mandell said.

“It wouldn’t surprise me in the least if one of the things the defendants have in mind is trying to make sure they don’t go to trial until after the 2026 election,” Mandell said. “Maybe they think there’s going to be a new attorney general who will drop the charge.”

Kaul is seeking reelection as attorney general next year. Fond du Lac County District Attorney Eric Toney, a Republican who ran against Kaul in 2022, announced in October his plan to challenge Kaul again in 2026.

Trump in November pardoned those involved in efforts to overturn the 2020 election results, including the three from Wisconsin still facing prosecution, but that action only protects those people from federal prosecutions.

This article first appeared on Wisconsin Watch and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.