# Have the "alternate elelectors" committed a crime?

**URL:** <https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690>\
**Category:** Politics & Elections\
**Created:** [December 23, 2020, 12:12am UTC](https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690 "2020-12-23T00:12:55Z")\
**Posts on this page:** 8\
**Page:** 1

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [December 23, 2020, 12:12am UTC](https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690/1 "2020-12-23T00:12:55Z")

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Trying to vote in an election without a legal right to do so is a crime. One person in the 2020 US Presidential election [was caught trying to use his dead mother’s vote](https://www.businessinsider.com/voter-election-fraud-pennsylvania-charge-dead-mom-vote-trump-2020-12?r=US&IR=T), and now faces up to 19 years in prison. [Rosa Maria Ortega](https://eu.usatoday.com/story/news/2020/02/21/rosa-maria-ortega-texas-woman-sentenced-8-years-illegal-voting-paroled-and-faces-deportation/4798922002/), a resident alien who voted illegally, got an 8 year sentence, plus possible deportation.

In several States various self-appointed group of people have declared themselves to be “alternate electors.” They have tried to cast Electoral College votes for Trump, which they sent to Congress for counting on Jan 6th.

Have they actually committed a crime under Election law?

Would this count as Sedition?

Is it likely they will be prosecuted?

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [December 23, 2020, 12:52am UTC](https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690/2 "2020-12-23T00:52:11Z")

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> [@Peter\_Morris](#):
>
> In several States various self-appointed group of people have declared themselves to be “alternate electors.”

I asked if those “electors” are actually self-appointed nutcases, or if they are actually the party-appointed electors who would have voted had Trump won those states. I don’t recall if I ever got a clear answer. It’s possible that could be relevant to their legal status.?

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**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\
**Post date:** [December 23, 2020, 12:56am UTC](https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690/3 "2020-12-23T00:56:59Z")

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No, there is no crime here. These individuals are not actually voting in an election. They certainly are not being admitted to their state capitol building to cast a vote. It would be no different than if I were to go outside my local polling station on Election Day and write my choice on a piece of paper and just announce “This is my vote” without sending the thing off. It is just a stunt to fire up the fools who believe Trump and his contingent’s nonsense.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [December 23, 2020, 1:01am UTC](https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690/4 "2020-12-23T01:01:50Z")

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Since some of these claim to be trying to submit it to the Congress as an alternate ballot for Congress to choose which to count, depending on how well they do it that could incur in producing and presenting false public documents and/or false representation of being an official in exercise of public function.

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [December 23, 2020, 1:56am UTC](https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690/5 "2020-12-23T01:56:19Z")

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> [@Senegoid](#):
>
> I asked if those “electors” are actually self-appointed nutcases, or if they are actually the party-appointed electors who would have voted had Trump won those states. I don’t recall if I ever got a clear answer. It’s possible that could be relevant to their legal status.?

In Nevada, at least, they seem to be the Party-appointed electors.

[Here is](https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/20-OC-00163-Order-Granting-Motion-to-Dismiss-Statement-of-Contest.pdf) the Judge’s response to the Trump electors’ lawsuit. (pdf)

[Here](https://www.youtube.com/watch?v=2q0-lhZ5ouU) is a video of the Trump electors casting their vote.

The names match.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [December 23, 2020, 5:01am UTC](https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690/6 "2020-12-23T05:01:44Z")

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Moved to Politics and Elections from GQ.

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [December 23, 2020, 5:05am UTC](https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690/7 "2020-12-23T05:05:05Z")

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I disagree with the move. It is a factual question about law, not a political debate.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [December 23, 2020, 5:12am UTC](https://boards.straightdope.com/t/have-the-alternate-elelectors-committed-a-crime/928690/8 "2020-12-23T05:12:47Z")

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> [@Peter\_Morris](#):
>
> I disagree with the move. It is a factual question about law, not a political debate…

You can get factual answers in P&E. You can also get factual answers in Cafe Society and the Game Room. In any case, you asked whether it is likely these electors will be prosecuted, which is a matter of opinion and not suitable for GQ.
