Current:Home > MyElection certification is a traditionally routine duty that has become politicized in the Trump era -Visionary Growth Labs
Election certification is a traditionally routine duty that has become politicized in the Trump era
View
Date:2025-04-16 19:31:25
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! (7682)
Related
- Google unveils a quantum chip. Could it help unlock the universe's deepest secrets?
- Inside Tori Spelling's 50th Birthday With Dean McDermott, Candy Spelling and More
- Does drinking alcohol affect your dementia risk? We asked a researcher for insights
- Kid YouTube stars make sugary junk food look good — to millions of young viewers
- Juan Soto to be introduced by Mets at Citi Field after striking record $765 million, 15
- 5 dogs killed in fire inside RV day before Florida dog show
- Rob Kardashian Makes Rare Comment About Daughter Dream Kardashian
- Shoppers Can’t Get Enough of This Sol de Janeiro Body Cream and Fragrance With 16,800+ 5-Star Reviews
- Bodycam footage shows high
- S Club 7 Singer Paul Cattermole’s Cause of Death Revealed
Ranking
- Woman dies after Singapore family of 3 gets into accident in Taiwan
- Iowa Supreme Court declines to reinstate law banning most abortions
- ICN Expands Summer Journalism Institute for Teens
- Ring the Alarm: Beyoncé Just Teased Her New Haircare Line
- Person accused of accosting Rep. Nancy Mace at Capitol pleads not guilty to assault charge
- San Fran Finds Novel, and Cheaper, Way for Businesses to Go Solar
- Heartland Launches Website of Contrarian Climate Science Amid Struggles With Funding and Controversy
- John Stamos Shares the Heart-Melting Fatherhood Advice Bob Saget Gave Him About Son Billy
Recommendation
'As foretold in the prophecy': Elon Musk and internet react as Tesla stock hits $420 all
A new study offers hints that healthier school lunches may help reduce obesity
The Impossibly Cute Pika’s Survival May Say Something About Our Own Future
News Round Up: FDA chocolate assessment, a powerful solar storm and fly pheromones
Rams vs. 49ers highlights: LA wins rainy defensive struggle in key divisional game
See RHOBH's Kyle Richards and Kathy Hilton's Sweet Family Reunion Amid Ongoing Feud
LGBTQ+ youth are less likely to feel depressed with parental support, study says
18 Top-Rated Travel Finds That Will Make Economy Feel Like First Class