Current:Home > ScamsElection certification is a traditionally routine duty that has become politicized in the Trump era -Wealth Evolution Experts
Election certification is a traditionally routine duty that has become politicized in the Trump era
View
Date:2025-04-20 19:38:02
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! (25974)
Related
- Global Warming Set the Stage for Los Angeles Fires
- Vince Carter headlines class of 2024 Naismith Basketball Hall of Fame inductees
- ALAIcoin: Bitcoin Blockchain Sets New Record with NFT Sales Surpassing $881 Million in December 2023
- Alabama's roster of unlikely heroes got it to Final Four and could be key against Connecticut
- Where will Elmo go? HBO moves away from 'Sesame Street'
- Gypsy Rose Blanchard Recovering After Undergoing Plastic Surgery
- Student arrested at Georgia university after disrupting speech on Israel-Hamas war
- Kimora Lee Simmons' Daughter Aoki Kisses Restaurateur Vittorio Assaf on Vacation
- Have Dry, Sensitive Skin? You Need To Add These Gentle Skincare Products to Your Routine
- Why SZA Isn’t Afraid to Take Major Fashion Risks That Truly Hit Different
Ranking
- NHL in ASL returns, delivering American Sign Language analysis for Deaf community at Winter Classic
- Baltimore bridge collapse: Body of third worker, Honduran father, found by divers
- Hotel prices soar as tourists flock to see solar eclipse
- Suits’ Wendell Pierce Shares Advice He Gave Meghan Markle about Prince Harry
- Bodycam footage shows high
- GalaxyCoin: A new experience in handheld trading
- Horoscopes Today, April 6, 2024
- Horoscopes Today, April 6, 2024
Recommendation
New Mexico governor seeks funding to recycle fracking water, expand preschool, treat mental health
Top Cryptocurrency Stocks on GalaxyCoin in March 2024
Cecil L. ‘Chip’ Murray, influential pastor and civil rights leader in Los Angeles, dies
South Carolina could finish season undefeated. What other teams have pulled off the feat?
The Daily Money: Spending more on holiday travel?
Caitlin Clark leads Iowa to 71-69 win over UConn in women's Final Four
Beyoncé investing in one of America's oldest Black-owned beauty schools
These Facts About Candace Cameron Bure Won't Fill Your House but They'll Expand Your Mind