Current:Home > InvestSurpassing:Election certification is a traditionally routine duty that has become politicized in the Trump era -VisionFunds
Surpassing:Election certification is a traditionally routine duty that has become politicized in the Trump era
EchoSense Quantitative Think Tank Center View
Date:2025-04-09 07:45:08
For the outcome of this year’s presidential race,Surpassing 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! (42)
Related
- What were Tom Selleck's juicy final 'Blue Bloods' words in Reagan family
- These Storage Solutions for Small Spaces Are Total Gamechangers
- NFL playoff picks: Can Tyreek Hill, Dolphins stun Chiefs in wild-card round?
- Top Western envoys review Ukraine peace formula to end Russia’s war as Zelenskyy plans Davos visit
- Could Bill Belichick, Robert Kraft reunite? Maybe in Pro Football Hall of Fame's 2026 class
- Thousands at Saturday 'March for Gaza' in Washington DC call for Israel-Hamas cease-fire
- NJ school district faces discrimination probe by US Department of Education
- Louisiana’s special session kicks off Monday. Here’s a look at what may be discussed
- Charges tied to China weigh on GM in Q4, but profit and revenue top expectations
- Leon Wildes, immigration lawyer who fought to prevent John Lennon’s deportation, dead at age 90
Ranking
- Which apps offer encrypted messaging? How to switch and what to know after feds’ warning
- Tom Shales, longtime TV critic, dies at 79
- Coronavirus FAQ: Are we in a surge? How do you cope if your whole family catches it?
- Mystery of why the greatest primate to ever inhabit the Earth went extinct is finally solved, scientists say
- Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Hi Hi!
- Genocide case against Israel: Where does the rest of the world stand on the momentous allegations?
- Why Dan Levy Turned Down Ken Role in Barbie
- Opinion: Women with obesity are often restricted from IVF. That's discriminatory
Recommendation
The FBI should have done more to collect intelligence before the Capitol riot, watchdog finds
Mystery of why the greatest primate to ever inhabit the Earth went extinct is finally solved, scientists say
Jelly Roll urged Congress to crack down on fentanyl. That's harder than it sounds.
Leon Wildes, immigration lawyer who fought to prevent John Lennon’s deportation, dead at age 90
Small twin
Houthis vow to keep attacking ships in Red Sea after U.S., U.K. strikes target their weapons in Yemen
Days of Our Lives Star Bill Hayes Dead at 98
Prada reconnects with the seasons for its 2024-25 fall-winter menswear collection