Current:Home > ContactElection certification is a traditionally routine duty that has become politicized in the Trump era -LegacyCapital
Election certification is a traditionally routine duty that has become politicized in the Trump era
View
Date:2025-04-11 18:03:35
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! (98)
Related
- Most popular books of the week: See what topped USA TODAY's bestselling books list
- Last-minute shift change may have saved construction worker from Key Bridge collapse
- Devastating loss to Illinois shows Iowa State is very good program, just not great one yet
- Louis Gossett Jr., Oscar-winning actor in 'An Officer and a Gentleman,' dies at 87
- Chuck Scarborough signs off: Hoda Kotb, Al Roker tribute legendary New York anchor
- Taulia Tagovailoa looks up to older brother Tua, but QB takes his own distinct NFL draft path
- David Beckham welcomes Neymar to Miami. Could Neymar attend Messi, Inter Miami game?
- Illinois’ Elite Eight run led by Terrence Shannon Jr., who faces rape charge, isn’t talking to media
- Tropical weather brings record rainfall. Experts share how to stay safe in floods.
- Children race to collect marshmallows dropped from a helicopter at a Detroit-area park
Ranking
- NCAA hits former Michigan coach Jim Harbaugh with suspension, show-cause for recruiting violations
- When it needed it the most, the ACC is thriving in March Madness with three Elite Eight teams
- Unsung North Dakota State transfer leads Alabama past North Carolina and into the Elite 8
- ACLU, Planned Parenthood challenge Ohio abortion restrictions after voter referendum
- Retirement planning: 3 crucial moves everyone should make before 2025
- Tiki torches sold at BJ's recalled after reports of burn injuries
- James Madison moves quickly, hires Preston Spradlin as new men's basketball coach
- Georgia bill aimed at requiring law enforcement to heed immigration requests heads to governor
Recommendation
Intel's stock did something it hasn't done since 2022
50 years after the former Yugoslavia protected abortion rights, that legacy is under threat
'Cowboy Carter' collaborator Dolly Parton reacts to Beyoncé's 'Jolene' cover: 'Wow'
When it needed it the most, the ACC is thriving in March Madness with three Elite Eight teams
What polling shows about Minnesota Gov. Tim Walz, Harris’ new running mate
Connecticut becomes one of the last states to allow early voting after years of debate
When is Passover 2024? What you need to know about the Jewish holiday
Checkbook please: Disparity in MLB payrolls grows after Dodgers' billion-dollar winter