In a significant development, Clark County Judge Mary Kay Holthus declared on Friday that she lacked jurisdiction over the state's case against Nevada's alleged fake electors. The six Republican leaders, including State Republican Party chairman Michael McDonald, had cast electoral votes for Donald Trump in December 2020, despite Joe Biden winning the state.

Following arguments presented by Attorney General Aaron Ford's office and Las Vegas attorney Richard Wright, who represents McDonald, Judge Holthus stated, "If it's not here, it's not here. I don't see any way I have jurisdiction over this case."

Attorney General Ford immediately announced his intentions to appeal the judge's ruling, seeking to overturn the dismissal. The six Republicans, consisting of McDonald, national committeeman Jim DeGraffenreid, Clark County Republican Party chair Jesse Law, state party vice chair and Storey County clerk Jim Hindle III, Shawn Meehan, and Eileen Rice, were originally charged with felony counts of offering a false instrument for filing, and uttering a forged instrument.

On December 14, 2020, the six individuals held a ceremony in Carson City, casting their electoral votes for Trump. Similar efforts took place in other states, aiming to prevent the certification of Biden's election victory by Congress on January 6, 2021. A total of 84 individuals across seven states falsely claimed electoral votes for Trump. While Arizona and Michigan are prosecuting their alleged fake electors, New Mexico, Pennsylvania, and Wisconsin have chosen not to file charges. In Georgia, three electors have been charged, although others have managed to secure immunity deals.

Arguing against the jurisdiction of Clark County, Ford's office highlighted that though the ceremony occurred in Carson City, the documents were mailed to Nevada's chief federal judge in Las Vegas before being forwarded to the court's official address in Reno. Additionally, they stated that two of the accused Republicans, McDonald and Law, reside in Las Vegas, and the state party's official address is also in Las Vegas. The then-Secretary of State Barbara Cegavske was purportedly present in Las Vegas at the time.

Despite the arguments presented, Judge Holthus deemed the state's reasoning for Clark County jurisdiction as "insufficient" and expressed her confusion over the proceedings. Wright, representing McDonald, suggested that Ford filed the case before a Las Vegas grand jury for political reasons, taking advantage of a jury pool potentially favoring Democrats.

Ford, a Democrat himself, had previously acknowledged that Nevada lacked specific laws to prosecute alleged fake electors. During a hearing in May 2023, he testified on a bill that aimed to prohibit individuals from creating or serving on a false slate of electors. Governor Joe Lombardo, a Republican, vetoed the legislation.

The defense attorneys had also prepared to argue the inclusion of exculpatory evidence from emails sent by Trump's 2020 campaign attorney, Ken Chesboro. However, the lack of jurisdiction made this issue moot.

Following the hearing, Attorney Monti Levy, representing Eileen Rice, expressed confidence in the appeal's failure, stating that "no acts occurred in Clark County."

While the case against Nevada's alleged fake electors now faces dismissal due to lack of jurisdiction, the legal battle is expected to continue with the appeal process.