Historic Settlement Agreement in Fake Electors Case

We, in collaboration with Georgetown University Law Center’s Institute for Constitutional Advocacy and Protection (ICAP) and Stafford Rosenbaum LLP, have announced a historic settlement agreement in the Fake Electors case Penebaker et al v. Hitt et al.

The agreement includes a public acknowledgment from the Elector Defendants that their votes, cast at the behest of the Trump Campaign and the Republican Party of Wisconsin, were part of an effort to overturn the results of the 2020 election and disrupt the peaceful transition of presidential power.

This civil lawsuit was the first of its kind in the nation. As part of the settlement, the 10 individuals who cast votes at the State Capitol on the designated day for the meeting of the Electoral College have agreed not to serve as electors in the next election and not to sign such a certification in any future election where they are not duly certified under state law.

The settlement further allows the plaintiffs to publish 577 pages of discovery materials, shedding light on the events that transpired in Wisconsin, including emails and text exchanges.

As part of the settlement, the Elector Defendants have issued a statement reaffirming the legitimate election of Joseph R. Biden, Jr. and withdrawing the documents executed on December 14, 2020. They have also agreed to several restrictions, including never serving as presidential electors or participating in the execution or transmission of electoral votes in any election featuring Donald J. Trump. Additionally, they commit to full cooperation with ongoing or future Department of Justice investigations and cooperation with the Plaintiffs in this civil action, provided no further claims related to the 2020 election are brought against them.

Wisconsin voters have been awaiting accountability for 3 years, and it is beyond time to hold those who perpetrated this scheme responsible for their actions.

The settlement marks a significant step towards accountability and upholding democratic ideals.