Election fact check: County officials can't refuse to certify election results

With erstwhile President Donald Trump escalating his attacks connected nan integrity of nan upcoming election, experts are informing that nan predetermination certification process could coming an opportunity for rogue section officials to effort to unlawfully situation nan results.

Local officials are legally required to certify predetermination results, but nan process has go progressively politicized since Trump attempted to overturn nan 2020 election, pinch section officials signaling a willingness to defy their ineligible work to certify, according experts and a caller watchdog report.

The politicization of nan certification process comes arsenic Trump has many times formed uncertainty connected nan integrity of U.S. elections.

“They want to cheat," Trump said astatine a rally Saturday successful North Carolina regarding his opponents. "And they do cheat. They cheat for illustration hell."

Since nan 2020 election, much than 30 section predetermination officials successful 8 states -- including cardinal plaything states for illustration Pennsylvania, Georgia, and Arizona -- person voted to hold aliases contradict certifying predetermination results, according to a study from nan watchdog group Citizens for Responsibility and Ethics successful Washington.

Legal experts judge these challenges are improbable to win successful nan upcoming statesmanlike title -- but person nan imaginable to sow further distrust successful nan integrity of nan election.

"I do expect that location will beryllium section predetermination officials who garbage to certify," said Sean Morales-Doyle, a voting authorities master astatine nan Brennan Center for Justice, a nonprofit deliberation tank. "Every clip this has been tried before, courts person put a speedy extremity to it ... but what they mightiness do is undermine nan public's religion successful our process, and that's really damaging successful and of itself."

Poll workers show really ballots are are received, processed, scanned, and securely stored connected Election Day astatine nan Philadelphia Election Warehouse during a property circuit by nan Philadelphia City Commissioners, Oct. 25, 2024, successful Philadelphia.

Matthew Hatcher/Getty Images

Morales-Doyle said that officials who garbage to certify predetermination results often effort to return advantage of a communal misunderstanding astir their domiciled successful nan monthslong process that follows nan November election. Election officials participate successful a process called "canvassing" to guarantee that each ballot is counted successful nan last tally, including reviewing ballots and confirming nan full number of votes cast. Most states besides audit their predetermination instrumentality pursuing nan predetermination to corroborate votes were decently counted.

Election certification is nan last administrative measurement successful nan process aft nan earlier canvas and audits place and resoluteness irregularities. By certifying nan predetermination results, predetermination officials corroborate that those earlier steps were completed.

"What they are expected to do is certify nan numbers of votes they counted. They're not expected to instrumentality their chemoreceptor successful nan validity of nan votes," said Robert McWhirter, a law lawyer.

Since nan 2020 election, section officials successful astatine slightest 8 states person attempted to usage their mostly ministerial work successful predetermination certification to hold aliases contradict certification, according to Citizens for Responsibility and Ethics successful Washington.

One of those officials -- Washoe County, Nevada, Republican commissioner Michael Clark -- told ABC News that he voted against certifying section predetermination results successful July because he believes region officials grounded to decently support elector rolls.

"I judge that nan group that are moving nan registrar of voters agency can't support meticulous records," Clark said. "When I spot sloppy bookkeeping, I don't spot it."

Washoe County officials acknowledged issues pinch immoderate of their retuned ballots but precocious upgraded their elector registration system.

After Nevada Attorney General Kris Mayes threatened to prosecute Clark for failing to do a work of his office, he reversed people and allowed nan certification to continue.

In Cochise County, Arizona, a Republican supervisor who declined to certify nan 2022 midterm predetermination pleaded guilty to a misdemeanor complaint past month, pinch her probation statement requiring her to certify nan upcoming election. Peggy Judd told ABC News she understands her ministerial responsibilities amended now, but disagrees pinch nan request that she certify elections "no matter really rotten it looks aliases smells."

In consequence to akin cases, immoderate courts person strengthened nan laws governing certification. Last month, a authorities judge successful Georgia issued a directive that officials person a mandatory work to certify predetermination results, rejecting nan statement that officials tin artifact nan results owed to allegations of fraud.

"Election superintendents successful Georgia person a mandatory fixed responsibility to certify predetermination results," Judge Robert McBurney wrote. "There are nary exceptions."

That's because irregularities and alleged elector fraud are identified and resolved passim nan predetermination process, including done nan canvassing process and done referrals to rule enforcement.

"There are processes successful rule wherever personification alleges that immoderate irregularities that would person resulted successful nan different results successful nan predetermination occur," said Paul Cox, wide counsel of nan North Carolina State Board of Elections. "Absent that, though location is nary ground for a region committee of elections to withhold certification of nan ballot count."

After 2 officials successful North Carolina refused to certify their county's 2022 predetermination result, nan North Carolina State Board unanimously dismissed some officials past year.

While attempts to hold aliases contradict certification are apt to beryllium rejected by courts, experts pass that nan efforts themselves tin still create distrust aliases play into a broader strategy to formed uncertainty connected predetermination integrity.

"They've been readying retired their playbook for immoderate clip now," Morales-Doyle said of Trump's questioning of nan election's integrity. "One of nan clear elements to that playbook is to effort to usage various institutions and group successful positions of authority to supply a veneer of legitimacy to nan attempts to overturn nan result of nan election."