States conduct their own elections according to federal law, and the federal government assures that all states are in fact following federal election laws.
The fake elector scheme may have violated the following federal laws:
18 U.S.C. § 1512©(2) – Obstruction of congressional proceedings
- Whoever corruptly . . . obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
18 U.S.C. § 371 – Conspiracy to commit offense or to defraud United States
- If two or more persons conspire . . . to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
18 U.S.C. § 494 – Contractors’ bonds, bids, and public records
- Whoever falsely makes, alters, forges, or counterfeits any bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or . . .Whoever transmits to, or presents at any office or to any officer of the United States, any such false, forged, altered, or counterfeited writing, knowing the same to be false, forged, altered, or counterfeited —Shall be fined under this title or imprisoned not more than ten years, or both.
52 U.S.C. § 20511(2)(b)
- A person, including an election official, who in any election for Federal office – knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair impartially conducted election process, by the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held, shall be fined in accordance with title 18.
18 U.S.C. § 1001 – Statements or entries generally
- Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; …
shall be fined under this title.
And then there are the Georgia civil cases, which allege the following laws have been broken:
18 U.S.C. § 1512©(2) – Impeding Official Proceeding
18 U.S.C. § 371 – Defrauding the United States of a Government Department’s Lawful Function
- The 10 alternate electors allegedly violated these statutes “by purporting to cast Wisconsin’s electoral votes, knowing that they were not the duly elected presidential electors for the State of Wisconsin, and by intending that Congress count their purported votes rather than those cast by Wisconsin’s duly elected presidential electors.”
- Defendants Chesebro and Troupis allegedly violated the statute by corruptly attempting to obstruct, influence, or impede an official proceeding, in violation of 18 U.S.C. §1512©(2) and §371, by conspiring with, aiding, and abetting the alternate electors.
18 U.S.C. § 494 – Knowingly Forging and Transmitting Public Record
The 10 alternate electors allegedly falsely made, forged, and counterfeited a public record or other writing for the purpose of defrauding the United States, and transmitted such writing to an United States officer, by representing that the ‘Certificate of the Votes of the 2020 Electors from Wisconsin’ was an official certificate reflecting the votes of Wisconsin’s duly elected presidential electors, transmitting that certificate to the President of the United States Senate, the Archivist of the United States, and the Chief Judge of the United States District Court of the Western District of Wisconsin and by intending the Congress count their purported votes rather than those cast by Wisconsin’s duly elected presidential electors, according to the complaint.
Defendants Chesebro and Troupis were not mentioned in connection with this violation.