A Nevada state court judge has dismissed a criminal indictment against six Republicans accused of submitting certificates to Congress falsely declaring Donald Trump the winner of the state’s 2020 presidential election, potentially killing the case.

A Nevada judge dismissed an indictment Friday against six Republicans accused of submitting certificates to Congress falsely declaring Donald Trump the winner of the state’s 2020 presidential election, potentially cutting from four to three the number of states with criminal charges pending against so-called fake electors.

Nevada Attorney General Aaron Ford said he’ll take the issue to the state Supreme Court after Clark County District Court Judge Mary Kay Holthus ruled that Las Vegas was the wrong venue for the case.

“The judge got it wrong and we’ll be appealing immediately,” Ford, a Democrat, told reporters afterward. He declined additional comment.