The Justice Dept. could pursue criminal charges related to the filing of Electoral College votes for Donald Trump from states that actually voted for Joe Biden in 2020, according to several experts on election law.
House Speaker Nancy Pelosi, D-Calif., and Vice President Mike Pence officiate at the Capitol on Jan. 6, 2021, as a joint session of Congress convenes to confirm the Electoral College votes cast in the November 2020 election.ByThe Justice Department could pursue criminal charges related to the filing of Electoral College votes for Donald Trump from states that actually voted for Joe Biden in 2020, according to several experts on election law.
Edward Foley, an election law expert at the Moritz College of Law at Ohio State University, said the government generally should not criminalize the act of sending a document to Congress, which he said is the kind of political expression protected by the First Amendment. But he said charges might be appropriate if it turns out there was a coordinated effort to send in the alternative slates.
The submissions from New Mexico and Pennsylvania included a kind of disclaimer saying the submissions should be counted if courts later determined that they were, in fact, the qualified electors from their states.
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