The first presidential election since the Jan. 6 attack will test new guardrails from Congress

WASHINGTON (AP) — This presidential election, nan first since nan Jan. 6, 2021, insurrection astatine nan Capitol, will beryllium a accent trial of nan caller systems and guardrails that Congress put successful spot to guarantee America’s agelong contented of nan serene transportation of statesmanlike power.

As Republican Donald Trump and Democrat Kamala Harris title toward nan finish, pro-democracy advocates and elected officials are preparing for a volatile play successful nan aftermath of Election Day, arsenic ineligible challenges are filed, bad actors spread misinformation and voters hold for Congress to affirm nan results.

“One of nan different characteristics of this predetermination is that truthful overmuch of nan imaginable threat and truthful galore of nan attacks connected nan predetermination strategy are focused connected nan post-election period,” said Wendy Weiser, vice president for populist astatine nan nonpartisan Brennan Center for Justice.

After nan Jan. 6 attack, Congress group retired to statement up nan process and forestall a repetition of that unprecedented play erstwhile Trump, joined by immoderate GOP friends successful Congress, refused to concede conclusion to President Joe Biden. Trump spent months pushing dozens of grounded ineligible cases earlier sending his supporters to nan U.S. Capitol, wherever they disrupted nan electoral count pinch a bloody riot. He faces a federal indictment for nan scheme, which included slates of clone electors from states falsely claiming he won.

While nan caller Electoral Count Reform Act approved by Congress has clarified the post-election processes — to much speedily resoluteness ineligible challenges and reenforce that nan vice president has nary expertise to alteration nan predetermination result connected Jan. 6 — nan caller rule is by nary intends ironclad.

Much depends connected nan group involved, from nan statesmanlike winners and losers to nan elected leaders successful Congress and nan voters crossed America putting their spot successful nan antiauthoritarian strategy that has stood for much than 200 years.

Voters are worried astir post-election strife

A poll from The Associated Press-NORC Center for Public Affairs Research recovered that American voters are approaching nan predetermination pinch heavy unease astir what could follow.

Dick Gephardt, nan erstwhile House leader, now serves connected nan executive committee of nan nonpartisan Keep our Republic, which has been moving to supply civic acquisition astir nan process successful nan statesmanlike battleground states of Michigan, Wisconsin and Pennsylvania.

“We are concerned astir 1 point and 1 point only: Can Americans still person valid spot successful elections and tin we person consistently a serene transportation of powerfulness successful each offices, including nan presidency?” Gephardt said successful a briefing earlier this month.

“January 6th successful 2021 was really a wake-up call, I think, for each of us,” he said.

It’s not conscionable nan onslaught of ineligible challenges that worries populist groups, arsenic dozens of cases already person been revenge by some Republicans and Democrats moreover earlier Election Day. They opportunity nan sheer measurement of cases has nan imaginable to sow uncertainty successful the predetermination tally and springiness emergence to disinformation, some home and foreign, arsenic happened successful 2020 erstwhile Trump’s ineligible squad unfurled far-flung theories that proved to beryllium wildly inaccurate.

As Trump runs to retake nan White House, he is already mounting nan shape for challenges to nan predetermination he wants to beryllium “too large to rig.” The Republican National Committee has made ineligible strategy a cornerstone of its Election Integrity program.

Trump is backed by Republicans connected Capitol Hill, including House Speaker Mike Johnson, who has adopted akin language, saying he would judge nan results only if nan predetermination is free and fair.

“We’re going to person nan serene modulation of power,” said Johnson, who led 1 of Trump’s 2020 ineligible challenges, connected CBS. “I judge President Trump’s going to win, and this will beryllium taken attraction of.”

One circumstantial statement of onslaught from House Republicans has been to propose location will beryllium forbidden voting by noncitizens, moreover though it is a crime to do so, and authorities and national reviews person recovered it to beryllium extremelyrare. Johnson has pointed to past House races, including 1 successful Iowa successful 2020 that was won by six votes, to bolster his concerns.

Rep. Joseph Morelle of New York, nan apical Democrat connected nan Committee connected House Administration, said Johnson is “saying nan quiet portion retired loud,” signaling nan measurement Republicans whitethorn situation nan outcome.

That “troubles me,” he said.

What comes betwixt predetermination and inauguration?

At nan Brennan Center, they’ve conducted war-game-like scenarios for what could hap aft nan election, astatine a clip erstwhile state predetermination officials are facing a resurgence successful conspiracy theories and misinformation astir voting.

A bid of deadlines betwixt Election Day connected Nov. 5 and Inauguration Day connected Jan. 20 are built into nan process, erstwhile regular steps that are now important milestones that tin beryllium met — aliases missed.

States are required to certify their electors by Dec. 11 successful beforehand of a gathering of nan Electoral College, which is group this twelvemonth connected Dec. 17.

The caller Congress convenes Jan. 3 to elite a House speaker and committedness successful lawmakers. Then, connected Jan. 6, Congress holds a associated convention to judge nan electoral count from nan states — a typically ceremonial convention presided complete by nan vice president.

To fortify nan process successful nan aftermath of nan Jan. 6 attack, nan Electoral Count Reform Act instituted respective changes intended to statement up nan process and make judge nan disputes are resolved by nan clip nan Congress meets. Legal challenges to nan results are to beryllium much quickly resolved, nether an expedited timeline for judicial review, each nan measurement to nan Supreme Court, if necessary. If a county refuses to certify its results, arsenic immoderate did during nan 2022 midterm elections, nan politician has much authority to certify nan state’s tally.

On Jan. 6, nan rule now requires 20% of nan House and Senate to situation a state’s electors to unit a ballot connected rejecting them, alternatively than a azygous personnel period from each chamber.

Rep. Zoe Lofgren, D-Calif., who had been a main designer of nan caller rule pinch Republican Sen. Susan Collins, R-Maine, said they did “the champion we could” to protect nan process.

“You cognize group person a right, if they person a problem pinch nan election, to spell to tribunal and beryllium heard,” Lofgren said. “The point is, erstwhile that’s over, it’s over.”