Current:Home > ContactElection certification is a traditionally routine duty that has become politicized in the Trump era -InvestTomorrow
Election certification is a traditionally routine duty that has become politicized in the Trump era
View
Date:2025-04-26 07:49:41
For the outcome of this year’s presidential race, it will be the vote count on election night and possibly in the days after that will grab the public’s attention. But those numbers are unofficial until the election is formally certified — a once uneventful process that has become politicized since then-President Donald Trump tried to overturn his reelection loss four years ago.
Trump unsuccessfully pressured fellow Republicans on an evenly divided board that had to sign off on Michigan’s vote not to certify his loss in the state. On Jan. 6, 2021, he directed his supporters to march to the Capitol and stop Congress from taking the final step to certify that Democrat Joe Biden had won the presidency.
This year, Trump’s allies have set the table to try to block certification should Trump lose to Democrat Kamala Harris.
The best way to think about certification is as a three-step process.
It starts with local governments, such as counties. It then moves to states, which add up all the local totals to certify the winner and appoint presidential electors. Congress then effectively certifies the votes of those electors.
The process may seem daunting, especially on the local level. Most of the country’s thousands of individual election jurisdictions — many of which have been taken over by Trump supporters — have to officially certify their vote tallies before a state can certify a winner. If just one of those counties refuses to certify, it could stop a state from signing off.
Legal experts say there is no actual legal risk of Trump’s allies being able to reverse a loss by refusing to certify at the local level. Decades of case law hold that local officials have no choice but to certify election results. Any potential problem with the vote count can be challenged in court, but not on the boards and commissions that have the ceremonial task of certifying the ballot tallies and transmitting them to the state.
Trump supporters have tried to block election results in Arizona, Michigan and New Mexico since 2020 by refusing to certify them, only to be forced to sign off by courts or to back down under legal pressure.
The notion that a lone board could hold up a state by refusing to certify is “this crazy fantasy that has merged the right and the left,” said Derek Muller, a University of Notre Dame law professor.
In 2020, Trump focused intensely on getting Republican state leaders to refuse to certify his losses and send his own slate of electors to the Electoral College. That failed everywhere.
In 2024, four of the six swing states where Trump disputed his loss are led by Democratic governors. In the other two, the GOP governors don’t seem likely to go along with a potential push by Trump to stop certification. Georgia’s Brian Kemp defied Trump in 2020, and Nevada’s Joe Lombardo was elected in 2022 with votes from Democrats.
The last step in the certification process is in Congress on Jan. 6. Once the states have certified their winners and selected their electors, and those electors cast their votes for president, the Constitution requires Congress to formally count those votes.
That’s what Trump and his supporters seized on in 2020, arguing that Congress could choose to reject Electoral College votes from states where it didn’t trust the vote count. Even after the assault on the Capitol, a majority of House Republicans — 139 of them — and eight Republican senators voted to reject Biden’s electors from Pennsylvania. That wasn’t enough votes to change the outcome of the election, but it’s a signal that they could try again should Harris win.
What to know about the 2024 Election
- Today’s news: Follow live updates from the campaign trail from the AP.
- Ground Game: Sign up for AP’s weekly politics newsletter to get it in your inbox every Monday.
- AP’s Role: The Associated Press is the most trusted source of information on election night, with a history of accuracy dating to 1848. Learn more.
A bipartisan majority in Congress not only upheld Biden’s 2020 victory but then amended the law that governs how Congress certifies a presidential election to make it much harder to reject Electoral College votes. If Harris wins, we’ll see if that majority still holds on Jan. 6 to confirm her victory.
____
Read more about how U.S. elections work at Explaining Election 2024, a series from The Associated Press aimed at helping make sense of the American democracy. The AP receives support from several private foundations to enhance its explanatory coverage of elections and democracy. See more about AP’s democracy initiative here. The AP is solely responsible for all content.
veryGood! (835)
Related
- Kylie Jenner Shows Off Sweet Notes From Nieces Dream Kardashian & Chicago West
- Former Timberwolves employee arrested, accused of stealing hard drive with critical info
- These Teeth Whitening Deals from Amazon's Spring Sale Will Make You Smile Nonstop
- Prosecutors charge a South Carolina man with carjacking and the killing of a New Mexico officer
- Dick Vitale announces he is cancer free: 'Santa Claus came early'
- Jackpots: A look at the top 10 Mega Millions, Powerball winners of all time
- Chrysler to recall over 280,000 vehicles, including some Dodge models, over airbag issue
- Prince Harry and Meghan Markle Wish Health and Healing for Kate Middleton Following Cancer Diagnosis
- The FTC says 'gamified' online job scams by WhatsApp and text on the rise. What to know.
- Russia attacks Ukraine's capital with missiles after Putin's threat to respond in kind to strikes in Russia
Ranking
- New Zealand official reverses visa refusal for US conservative influencer Candace Owens
- California doubles water allocation for most contractors following February storms
- Republican Mike Boudreaux advances to special election to complete term of ousted Speaker McCarthy
- Why the NBA's G League Ignite will shut down after 2023-24 season
- Will the 'Yellowstone' finale be the last episode? What we know about Season 6, spinoffs
- California work safety board approves indoor heat rules, but another state agency raises objections
- NCAA Tournament winners and losers: Kentucky's upset loss highlights awful day for SEC
- Why Kate Middleton Decided to Share Her Cancer Diagnosis
Recommendation
Dick Vitale announces he is cancer free: 'Santa Claus came early'
Kremlin says 40 killed and more than 100 wounded in attack on Moscow concert hall
Joana Vicente steps down as Sundance Institute CEO
Every 'Ghostbusters' movie, ranked from worst to best (including the new 'Frozen Empire')
Global Warming Set the Stage for Los Angeles Fires
This Garment Steamer Is Like a Magic Wand for Your Wardrobe and It’s Only $23 During the Amazon Big Sale
We Found the 24 Best Travel Deals From Amazon's Big Spring Sale 2024: 57% off Luggage & More
Memorial at site of deadliest landslide in US history opens on 10th anniversary