In the upcoming November elections, there are concerns that pro-Trump local election officials may attempt to slow down the certification of election results based on unfounded claims of widespread voter fraud. However, legal experts suggest that these efforts alone will not be enough to secure the White House for the former president. Instead, the focus is on the potential involvement of state legislatures and the Trump-friendly Supreme Court in supporting Trump’s attempts to sow doubt in the electoral process, similar to the events leading up to the Capitol riot on January 6, 2021.
According to Ben Berwick, a former DOJ trial attorney and counsel for Protect Democracy, there is a history of attempts to disrupt or overturn election results based on baseless allegations. Despite these efforts, the rule of law stands against such actions, with courts and lawmakers establishing a certification process that is resilient against manipulation. Reports from watchdog groups have identified rogue election officials in several states who have refused to certify election results, prompting state authorities to intervene and enforce the law.
Harvard Law School professor Lawrence Lessig expressed concerns about potential scenarios where Trump and his allies could exploit gaps in election law, pressure state legislatures or governors, and ultimately bring their case to the Supreme Court. These strategies go beyond the actions of local election officials and could pose significant challenges to the integrity of the electoral process.
In Pennsylvania, Montgomery County Commissioner Neil Makhija emphasized the importance of legal safeguards that protected the results of the 2020 election. He highlighted the critical role of local election officials in certifying election results as a ministerial duty under statute, emphasizing the need for specific charges and proof to challenge election outcomes.
While voter fraud is rare and typically addressed through pre-election measures or post-election prosecution, the real concern lies in unfounded challenges to election results without specific allegations. Berwick noted that narratives about undocumented voters on voter rolls could set the stage for mass challenges to voter eligibility and post-election litigation based on conspiracy theories.
To address potential disruptions by rogue election officials, states with Democratic secretaries of state have demonstrated a commitment to upholding election integrity. However, states with Republican secretaries of state face challenges in ensuring a fair and transparent certification process. Legal experts emphasize the importance of enforcing election laws to prevent interference with free and fair elections.
In the face of potential legal challenges, prosecutors across the country are actively pursuing cases of election officials who violate the law. Recent convictions and indictments serve as a deterrent against attempts to undermine the electoral process. While concerns remain about delayed certification efforts and the spread of conspiracy theories, the law provides mechanisms to ensure the accurate reporting of election results.
Looking ahead to the 2022 elections, the focus is on upholding the rule of law and preventing any attempts to subvert the will of the voters. While there may be legal challenges and disputes, the history of election integrity in the United States suggests that the electoral process will ultimately prevail. As the nation prepares for another election cycle, the importance of upholding democratic principles and protecting the integrity of the electoral process remains paramount.