In March 2024, Rolling Stone published an in-depth investigation into pro-Trump election deniers who may refuse to certify accurate election results at the county level. This issue is crucial because it could disrupt the certification of statewide results, which has far-reaching implications for our democratic process.
Marc Elias on the Dangers of Non-Certification
Marc Elias, a highly respected legal expert, shared his concerns in the article, noting that “we are going to see mass refusals to certify the elections” because Republicans are “counting on the fact that if they don’t certify in several small counties, you cannot certify these statewide results.” is a challenge we’ve encountered before. It’s something we need to address with both focus and determination.
Last week, Rachel Maddow discussed the article on MSNBC; this topic quickly gained traction, with many people engaging on social media and reaching out to Democracy Docket with questions about how this could happen and what can be done to protect our elections.
But here’s the thing—this isn’t a new concern. Marc Elias and his team have worked on this issue for years.
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A Historical Perspective: The 2020 Michigan Election Certification Battle
During the 2020 election, Republicans attempted to subvert the results in Michigan by pressuring GOP members of the Wayne County Canvassing Board to vote against certifying the election results in Detroit. The situation was severe enough to involve direct calls from Donald Trump and then-RNC Chair Ronna McDaniel.
On the call, Trump said, “We’ve got to fight for our country,” Trump told the two members of the Wayne County Board of Canvassers, Monica Palmer and William Hartmann, shortly after the board had met about certifying the results, the report said. “We can’t let these people take our country away from us.” [Read more.]
Ultimately, that effort was unsuccessful, thanks to the legal work and public scrutiny that held those responsible accountable. In 2021, Marc Elias warned about the need to reform the certification process to prevent similar challenges in the future. He proposed several steps, such as clearly defining the power of state officials in the certification process and removing unnecessary links in the certification chain.
Unfortunately, those reforms didn’t come to pass, and we saw these tactics resurface in the 2022 midterm elections, where at least ten counties, including four in Pennsylvania, refused to certify accurate election results. This pattern is concerning, and we must address it thoughtfully and proactively.
The Role of the Federal Election Commission: What They Do and Don’t Do
Now, you might be wondering where the Federal Election Commission (FEC) fits into all of this. The FEC is an independent regulatory agency whose primary role is to enforce campaign finance laws. It oversees how money is raised and spent in federal elections and ensures transparency in political campaign funding.
However, the FEC doesn’t have jurisdiction over the certification of election results or the conduct of local election officials.
This lack of involvement is why much of the work to protect election integrity falls on the courts, state officials, and pro-democracy legal teams like those led by Marc Elias. The FEC’s mandate is focused on campaign finance, which leaves a gap in oversight when it comes to election certification—a gap that is being exploited by those seeking to undermine our democratic processes.
Election Subversion: A Growing Concern as 2024 Approaches
With fewer than 100 days until the next election, there’s a noticeable shift in strategy from some Republican groups. They’ve redirected their efforts from traditional voter outreach to building a framework that could challenge election results.
RollingStone reported on July 29, just two weeks ago, that several swing state election officials are Trump election deniers. “Nearly 70 pro-Trump conspiracists are election officials in key battleground counties — and they are poised to make a giant mess on Election Day,” they report. It’s important for us to be aware of these developments and to think critically about how we engage with the electoral process.
Pro-Democracy Actions: How We Can Protect Our Elections
As pro-democracy advocates, we’re already taking action. Marc Elias and his team are in court, working to ensure that the rules remain fair and transparent. The enthusiasm from Democratic candidates is helping to fuel our volunteer efforts, and there are many dedicated election officials who are committed to upholding the integrity of our elections.
But we can’t rely solely on the courts and officials; this is where we all play a part. It’s crucial to check your voter registration status and make a plan to vote. If you have the time, consider volunteering as a poll worker or supporting a local campaign. This is how we contribute to a strong, fair democracy—by staying engaged, informed, and active.
Looking Ahead: The Importance of Informed and Active Participation
For those who are undecided, I hope this discussion highlights the importance of every vote. If the GOP is confident in its vision for America, then fair and accurate elections should be something we all support.
Tomorrow, we’ll take a closer look at the Federal Election Commission, exploring its role and why it’s not directly involved in the certification process. This week, we’ll continue examining the laws, rules, and efforts that safeguard our elections, so stay tuned! Until then, stay engaged, stay informed, and work toward a better future.
To-Do List
- Stay Informed: Read up on the latest developments regarding election certification and the legal challenges being faced. Reliable sources like Democracy Docket and Rolling Stone can provide up-to-date information.
- Check Your Voter Registration: Ensure your voter registration is current and accurate. Make a plan for how and when you will vote in the upcoming election.
- Volunteer: Consider becoming a poll worker or volunteering with a local campaign. Your involvement can help safeguard the integrity of the election process.
- Spread Awareness: Talk to friends and family about the importance of fair and accurate election certification. Encourage them to get involved and stay informed.
- Engage with Pro-Democracy Groups: Follow organizations like Democracy Docket that are actively working to protect election integrity. Consider supporting their efforts through donations or advocacy.