Election certification disputes spur concerns over 2024 race

In Georgia’s Fulton County, which includes the Democratic-voting city of Atlanta, a group run by members of former President Donald Trump’s administration last month sued so a Republican member of the local elections board could refuse to certify the results of the primary election.

And in Arizona, GOP lawmakers sued to reverse the state’s top Democratic officials’ requirement that local boards automatically validate their election results.

The past four years have been filled with battles over all sorts of election arcana, including one that had long been regarded as an administrative afterthought — little-known state and local boards certifying the results. With the presidential election looming in November, attorneys are gearing up for yet more fights over election certification, especially in the swing states where the victory margins are expected to be tight. Even if those efforts ultimately fail, election officials worry they’ll become a vehicle for promoting bogus election claims.

Trump and his allies have tried to use the tactic to stop election results from being made final if they lose. In 2020, two Republicans on Michigan’s state board of canvassers, which must certify ballot totals before state officials can declare a winner, briefly balked at signing off before one relented and became the decisive vote. Trump had cheered the delay as part of his push to overturn his loss that ultimately culminated in the Jan. 6, 2021, attack on the U.S. Capitol.

During the 2022 midterms, some conservative, rural counties tried to hold up their state election results, citing the same debunked claims of voter fraud that Trump has made.

In New Mexico, rural county supervisors refused to certify the state’s primary vote until they were threatened with prosecution. In Cochise County in southeastern Arizona, two Republican supervisors who refused to certify the local vote totals said they had no doubt their own county’s tally was accurate but were protesting the counts in other counties that gave Democratic candidates for governor, attorney general and secretary of state their victories.

Responding to the certification controversies, Michigan’s Democratic legislature passed a law making clear that state and local canvassing boards must certify election totals. The two Arizona county supervisors are currently facing criminal charges filed by the state’s Democratic attorney general.

Democrats and nonpartisan groups say the thousands of local election oversight boards across the country aren’t the place to contest ballot counts, and that state laws make clear they have no leeway on whether to sign off on their staff’s final tallies.

“Election authorities don’t have the discretion to reject the results of an election because of their vibes,” said Jonathan Diaz of the Campaign Legal Center, adding that lawsuits and recounts are the proper recourse. “They’re there to perform a function. They’re there to certify.”

But some Republicans argue that’s going too far. Kory Langhofer, the attorney suing to overturn the election procedures manual’s directive in Arizona that was issued by the Democratic attorney general and secretary of state, said he didn’t support the effort to block certification in Cochise County in 2022. But, he argued, locally elected boards of supervisors have to have some discretion to police elections.

“It seems to me the system is stronger when you have multiple eyes on it,” Langhofer said. Of the efforts to block certification in 2020 and 2022, he added, “I hope that’s behind us.”

Democrats doubt that’s the case. They note that the America First Policy Institute, a pro-Trump organization run by former officials from his administration, filed the lawsuit in Georgia to let Fulton County Elections Board member Julie Adams vote against certifying elections. Adams’ four other board members voted to certify last month’s primary but Adams abstained last week, contending she couldn’t accept the results given prior election administration problems in the county.

“This action will re-establish the role of board members as the ultimate parties responsible for ensuring elections in Fulton County are free from fraud, deceit, and abuse,” the institute wrote in its release announcing the lawsuit. The group did not respond to a request for comment.

Fulton County is the heart of the Democratic vote in Georgia, and anything that holds up its totals in November could help make it look like Trump has a large lead in the state.

“Trump and MAGA Republicans have made it clear they are planning to try to block certification of November’s election when they are defeated again, and this is a transparent attempt to set the stage for that fight,” Georgia Democratic Party chair and Rep. Nikema Williams said in a statement.