No, local election officials cannot block the certification of results – there are many legal protections

Some local election officials have refused to substantiate the election results lately. Georgia has introduced latest administrative rules that Invite election officials to analyze the outcomes before certification. And There are many worries that election officials could manipulate the consequence of the 2024 presidential election by refusing to certify the outcomes.

Even if the states have different names or procedures, the certification of an election often looks something like this: On election night, local polling places close and native poll staff count the votes. They certify or certify that the polling place results correspond to the proper count and transmit these results to the county.

Within a couple of days, the county election board compiles the outcomes from all of the counties, tabulates them, and certifies the county's consequence. These results are sent to the state election board, which tallies the outcomes from all of the counties and certifies the state's winners. The governor then signs the ballot papers for the winning candidates.

There isn’t any trick that could be used to govern a presidential election. And there are many safeguards in place to make sure that ballots are counted accurately and election results are certified in a timely manner.

It's just arithmetic

Confirming an election is a reasonably banal task. In law, it is commonly called a “ministerial” commitmentwhich suggests it's not a matter of individual discretion. It's hardly a matter of creating sure that each one the precincts have reported their results and the numbers are correct. But it's a vital task since it's the formal process that determines who received probably the most votes.

Election officials often perform this duty without much fuss. However, lately, some election officials have questioned the election resultSome officials have wondered whether the voting machines whether the vote count was accurate or whether or not they wanted to analyze other facets of the election. However, in the course of the certification phase, election officials shouldn’t have this authority.

If there are major doubts concerning the election, the authority to analyze these questions lies elsewhere. Other election officials confirm signatures on mail-in ballots or Calibrate vote counting machines long before the electiona task that is often publicly accessible.

A The losing candidate could An election dispute could be brought before a court to challenge the election result. A court can take evidence and listen to the dispute. Certification, however, is a straightforward and ministerial task.

Courts can intervene

If an election official or election body refuses to certify an election, doesn’t last long. After several rejections lately Election officials learned of the legal consequences for failure to perform their duties, including removal from office and prosecution. Most officers quickly relented and eventually certified. And not one of the certification delays ever lasted long enough to deadlines set by state laws for certification.

If election officials still refuse to do their jobs, they could be sued in court. The Secretary of State could sue to make sure that officials perform the duties obligatory to manage the election. Or a winning candidate could sue to make sure that she or he receives a certification of election.

In 2022, for instance, after a Election committee refused confirmation the leads to Otero County, New Mexico, the Foreign Minister filed suit before the Supreme Court of New MexicoIn just sooner or later The court ordered the board to certify the election. The board has done it.

But this was not a presidential election, and with the 2024 election looming, the stakes are high. What happens if election officials refuse to certify the outcomes—and, worse, defy orders from the courts requiring them to certify the outcomes?

The law can also be prepared for this.

If a celebration refuses to comply with a court order, The court may appoint another person to perform theand it has the identical legal effect. A court can quickly and simply make sure that election results are certified in a timely manner.

For those frightened concerning the 2024 presidential election, there are much more security measures in place. Congress passed the Electoral Count Reform Act of 2022. The law clarifies the foundations for certifying presidential election results and counting electoral votes in Congress.

For example, the law requires state officials to Confirmation of election results by the “second Wednesday of December”, which this yr is December 11. Courts can make sure that election officials who could also be procrastinating meet this federally mandated deadline.

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Read more: Congress passes laws to finish presidential election nonsense and help prevent one other January 6 election.

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And if officials miss that deadline, the law says a court could possibly be asked to step in. The law directs Congress to provide full effect to any certification of election results issued by a court, even when it occurs after the Dec. 11 deadline.

Trust and respect

In short, the legal system is designed to take care of election officials who delay or refuse to certify results. No single election official or group of them can stop an election.

Of course, refusing to certify an election can still have consequences. It can sow confusion and discord amongst the general public. It can undermine people's faith in elections and call the outcomes into query when there is no such thing as a reasonable ground to contest the consequence.

These political and practical concerns have to be taken seriously, and it’s important that the general public and election officials act in good faith and respect the legal process.

But such rhetoric is not going to prevent the election of a winning candidate.