The Latest: The Fights Over Election Certification
10/08/24 • 30 min
Election certification has traditionally been a mostly symbolic process in the United States. You vote, your vote gets counted, your precinct and others get tallied together (“canvassed” is the term of art) and, within a few days, everyone looks at the counts and agrees on a winner. But lately, this banal, bland procedure has become a political flashpoint, as people who question the election process impose unrealistic requirements on certification — and, in some cases, outright refuse to certify elections, even when state law requires them to do so.
In another of this season’s up-to-the-minute episodes, we are speaking with Jonathan Diaz, a litigator and voting rights advocate at CLC, who joins Simone to explain how election certification is supposed to work, how it’s being taken advantage of by bad actors and what CLC and other good-government advocates are doing to push back and see that election laws are carried out.
Host and Guests:
Simone Leeper litigates a wide range of redistricting-related cases at CLC, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.
Jonathan Diaz is Director for Voting Advocacy and Partnerships at Campaign Legal Center. Jonathan helps lead CLC’s work on combating election manipulation and participates on behalf of CLC on a number of democracy reform coalitions, coordinating CLC's work with partner organizations at the national, state and local levels. He also litigates voting rights cases across the United States, including VoteAmerica v. Raffensperger (N.D.Ga.), LUCHA v. Fontes (D.Ariz.), and Raysor v. Lee (N.D.Fla./11th Cir./SCOTUS). Jonathan frequently provides commentary on voting rights and election law issues in the media; he has been quoted in publications including the New York Times, Miami Herald, and ProPublica, and has appeared on Univision, NPR, and CNN, where he was an election law analyst during the 2020 election cycle.
Links:
Letters of Guidance on Election Certification - Campaign Legal Center
What Happens To My Ballot After I Vote? - Campaign Legal Center
Machine Tabulation, Not Hand Counting, Should Be Used to Count Ballots - Campaign Legal Center
Can Georgia's Election Board Refuse to Certify Results? The Law Says No - Campaign Legal Center
Want Election Results Sooner? Allow Election Officials to Process Mail Ballots Early - Campaign Legal Center
The Courts Will Prevent Local Election Boards in Georgia from Disrupting the Certification of the Election, Officials Say - The Atlanta Journal-Constitution (AJC)
2025 Counting and Certification of Electoral Votes Designated National Security Event - U.S. Secret Service
About CLC:
Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization which advances democracy through law at the federal, state and local levels, fighting for every American’s right to responsive government and a fair opportunity to participate in and affect the democratic process. Learn more about us.
Democracy Decoded is part of The Democracy Group, a network of podcasts tha...
Election certification has traditionally been a mostly symbolic process in the United States. You vote, your vote gets counted, your precinct and others get tallied together (“canvassed” is the term of art) and, within a few days, everyone looks at the counts and agrees on a winner. But lately, this banal, bland procedure has become a political flashpoint, as people who question the election process impose unrealistic requirements on certification — and, in some cases, outright refuse to certify elections, even when state law requires them to do so.
In another of this season’s up-to-the-minute episodes, we are speaking with Jonathan Diaz, a litigator and voting rights advocate at CLC, who joins Simone to explain how election certification is supposed to work, how it’s being taken advantage of by bad actors and what CLC and other good-government advocates are doing to push back and see that election laws are carried out.
Host and Guests:
Simone Leeper litigates a wide range of redistricting-related cases at CLC, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.
Jonathan Diaz is Director for Voting Advocacy and Partnerships at Campaign Legal Center. Jonathan helps lead CLC’s work on combating election manipulation and participates on behalf of CLC on a number of democracy reform coalitions, coordinating CLC's work with partner organizations at the national, state and local levels. He also litigates voting rights cases across the United States, including VoteAmerica v. Raffensperger (N.D.Ga.), LUCHA v. Fontes (D.Ariz.), and Raysor v. Lee (N.D.Fla./11th Cir./SCOTUS). Jonathan frequently provides commentary on voting rights and election law issues in the media; he has been quoted in publications including the New York Times, Miami Herald, and ProPublica, and has appeared on Univision, NPR, and CNN, where he was an election law analyst during the 2020 election cycle.
Links:
Letters of Guidance on Election Certification - Campaign Legal Center
What Happens To My Ballot After I Vote? - Campaign Legal Center
Machine Tabulation, Not Hand Counting, Should Be Used to Count Ballots - Campaign Legal Center
Can Georgia's Election Board Refuse to Certify Results? The Law Says No - Campaign Legal Center
Want Election Results Sooner? Allow Election Officials to Process Mail Ballots Early - Campaign Legal Center
The Courts Will Prevent Local Election Boards in Georgia from Disrupting the Certification of the Election, Officials Say - The Atlanta Journal-Constitution (AJC)
2025 Counting and Certification of Electoral Votes Designated National Security Event - U.S. Secret Service
About CLC:
Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization which advances democracy through law at the federal, state and local levels, fighting for every American’s right to responsive government and a fair opportunity to participate in and affect the democratic process. Learn more about us.
Democracy Decoded is part of The Democracy Group, a network of podcasts tha...
Previous Episode
Safeguarding America’s Electoral Process
The peaceful transfer of power is a hallmark of American democracy that sets the United States apart — the so-called north star of our electoral system. Yet the attack on the U.S. Capitol on January 6, 2021 challenged that tradition profoundly. In the lead-up to this November, we answer the question that is on the minds of many voters: Will the months after this presidential election look like the aftermath of the last one?
Fortunately, lawmakers who were caught in the eye of that storm seized the opportunity to make updates to our election laws that were, by some accounts, about 150 years overdue. In 2021, Congress passed the bipartisan Electoral Count Reform Act, or ECRA, in an effort to curtail the tactics that bad actors could use to exploit the Electoral College and to define and streamline the procedures by which states count and certify election results.
Catie Kelley of CLC joins us to explain how an otherwise deeply divided Congress pulled together to pass this important law, and why the passage of this new law will help ensure that this presidential election goes much more smoothly than the last one.
Host and Guests:
Simone Leeper litigates a wide range of redistricting-related cases at CLC, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.
Catie Kelley is Senior Director for Policy & Strategic Partnerships at Campaign Legal Center. Previously, Catie built and ran CLC's state campaign finance program. In that capacity, she worked with state and local stakeholders and policymakers to advance innovative policies designed to decrease the influence of money in the political process. She began her legal career in the Federal Election Commission's Office of General Counsel.
Links:
We Voted, Now What? How the President is Elected - Campaign Legal Center
Electing the President: From Election Day to the Joint Session - Campaign Legal Center
Enactments Relating to the Electoral Count Reform Act - National Conference of State Legislatures
Congress Passes ECRA to ward off another Jan 6th - NPR
Electoral Count Reform Act Makes It Harder to Undermine Presidential Elections - Campaign Legal Center
Congress Takes Historic Action to Update the Electoral Count Act - Campaign Legal Center
What the Electoral Count Reform Act Means for States - Campaign Legal Center
States Enact Important Legislation to Update Election Laws Ahead of Presidential Election - Campaign Legal Center
Bipartisan Arizona Law Makes Crucial Updates to Presidential Election Deadlines - Campaign Legal Center
About CLC:
Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization which advances democracy through law at the federal, state and local levels, fighting for every American’s right to responsive government and a fair opportunity to participate in and affect the democratic process. Learn more about us.
Democracy Decoded is part of
Next Episode
Navigating Election Facts in the AI Era
When New Hampshire voters picked up the phone earlier this year and heard what sounded like the voice of President Joe Biden asking them not to vote in that state’s primary election, the stage was set for an unprecedented election year. The call was a deepfake — and the first major instance of artificial intelligence being used in the 2024 election. With the rise of AI tools that can credibly synthesize voices, images and videos, how are voters supposed to determine what they can trust as they prepare to cast their votes?
To find out how lawmakers and civil society are pushing back against harmful false narratives and content, we talked with experts engaging the problem on several fronts. Stephen Richer, an elected Republican in Phoenix, posts on X (formerly Twitter) to engage misinformation head-on to protect Arizona voters. Adav Noti, the executive director of CLC, explains how good-governance advocates are hurrying to catch up with a profusion of new digital tools that make the age-old practices of misinformation and disinformation faster and cheaper than ever. And Mia Hoffman, a researcher who looks at the effects of AI on democracies, reminds voters not to panic — that bad information and malicious messaging don’t always have the power to reach their audience, let alone sway people’s opinions or actions.
Host and Guests:
Simone Leeper litigates a wide range of redistricting-related cases at CLC, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.
Stephen Richer is the 30th Recorder of Maricopa County. He was elected in November 2020 and took office in January 2021. His office of approximately 150 employees records hundreds of thousands of public documents every year, maintains a voter registration database of 2.4 million voters -- the second largest voting jurisdiction in the United States -- and administers the mail voting component of all elections in Maricopa County. Prior to his time as Recorder, Stephen worked in various business sectors and, later, as an attorney at the law firms Steptoe & Johnson LLP and Lewis Roca LLP. He holds a J.D. and M.A. from The University of Chicago and a B.A. from Tulane University. He is completing his PhD at Arizona State University.
Adav Noti is Executive Director at Campaign Legal Center. He has conducted dozens of constitutional cases in trial and appellate courts and the United States Supreme Court. He also advises Members of Congress and other policymakers on advancing democracy through legislation. Prior to joining CLC, Adav served for more than 10 years in nonpartisan leadership capacities within the Office of General Counsel of the Federal Election Commission, and he served as a Special Assistant United States Attorney for the District of Columbia. Adav regularly provides expert analysis for television, radio, and print journalism. He has appeared on broadcasts such as The Rachel Maddow Show, Anderson Cooper 360, PBS NewsHour, and National Public Radio's Morning Edition, and he is regularly cited in publications nationwide, including the New York Times, Washington Post, USA Today, Politico, Slate, and Reuters.
Mia Hoffmann is a Research Fellow at Georgetown’s Center for Security and Emerging Technology. Her research focuses on AI harm incidents, aiming to provide a deeper understanding of failure modes and the efficacy of risk mitigation practices. In recent work, she examined the uses of AI in US election administration and their risks to electoral integrity. Prior to joining CSET, Mia worked at the European Commission and as a researcher in Brussels, where she studied AI adoption and its implications. She holds a MS in Economics from Lund University and a BS in International Economics from the University of Tuebingen.
Links:
How Artificial Intelligence Influences Elections, and What We Can Do About It - Campaign Legal Center
How 2024 presidential candidates are using AI inside their election campaigns - CNBC
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