Current:Home > ScamsElection certification is a traditionally routine duty that has become politicized in the Trump era -ProfitPoint
Election certification is a traditionally routine duty that has become politicized in the Trump era
View
Date:2025-04-16 11:16:19
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! (8)
Related
- What do we know about the mysterious drones reported flying over New Jersey?
- Burger King is giving away a million Whoppers for $1: Here's how to get one
- All the Ways Megan Fox Hinted at Her Pregnancy With Machine Gun Kelly
- Jury awards Abu Ghraib detainees $42 million, holds contractor responsible
- Senate begins final push to expand Social Security benefits for millions of people
- West Virginia governor-elect Morrisey to be sworn in mid-January
- Police cruiser strikes and kills a bicyclist pulling a trailer in Vermont
- Early Week 11 fantasy football rankings: 30 risers and fallers
- A Mississippi company is sentenced for mislabeling cheap seafood as premium local fish
- Apologetic rapper Tekashi 6ix9ine gets 45 days in prison for probation violations
Ranking
- Cincinnati Bengals quarterback Joe Burrow owns a $3 million Batmobile Tumbler
- Here's what 3 toys were inducted into the National Toy Hall of Fame this year
- New wildfires burn in US Northeast while bigger blazes rage out West
- The White Stripes drop lawsuit against Donald Trump over 'Seven Nation Army' use
- US wholesale inflation accelerated in November in sign that some price pressures remain elevated
- 'Unfortunate error': 'Wicked' dolls with porn site on packaging pulled from Target, Amazon
- Man accused of killing American tourist in Budapest, putting her body in suitcase: Police
- Elon Musk responds after Chloe Fineman alleges he made her 'burst into tears' on 'SNL'
Recommendation
South Korea's acting president moves to reassure allies, calm markets after Yoon impeachment
See Megan Fox, Machine Gun Kelly, Brian Austin Green and Sharna Burgess' Blended Family Photos
Mike Williams Instagram post: Steelers' WR shades Aaron Rodgers 'red line' comments
Klay Thompson returns to Golden State in NBA Cup game. How to watch
'Malcolm in the Middle’ to return with new episodes featuring Frankie Muniz
Pitchfork Music Festival to find new home after ending 19-year run in Chicago
The 10 Best Cashmere Sweaters and Tops That Feel Luxuriously Soft and Are *Most Importantly* Affordable
Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Mixed Use