After Donald Trump won the 2016 presidential election, a handful of congressional Democrats objected to certifying his electoral victory. But, after some local election officials withheld votes to certify the 2020 presidential election for Joe Biden over concerns about that election’s administration, Democrats launched an intimidation campaign to force those officials to fall in line. Wielding prosecutions and threats of lawsuits, their message is clear: rubber-stamp election results or else.
Last week, for example, election meddler Marc Elias threatened Republican officials in a post on X, implying that, should they not certify election results, he will sue them.
“In 2020, Trump tried to overturn the election. My team and I beat him in court 60+ times,” Elias posted on X. “In 2022, Republicans in several counties refused to certify. We sued and won. Here is my message to the GOP: If you try to subvert the election in 2024, you will be sued and you will lose.”
But it’s not just Elias who has weaponized the law to target election officials who dare to question the process or outcome of an election. Some of the most egregious examples are happening in key swing states.
Georgia
The Georgia State Election Board ruled in a 3-2 vote last week that county election board members are entitled to a “reasonable inquiry” into election discrepancies before they certify the results of an election. The rule clarifies that county board members are responsible for certifying an election “after reasonable inquiry that the tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.”
But for Fulton County board member Julie Adams, her decision not to certify the election results for the state’s March presidential preference primary led to threats from the Democrat Party of Georgia.
Adams claims she requested election data such as the qualified voter list, the voter check-in list, and drop-box ballot recap sheets, among other things, prior to the certification of the presidential preference primary. Adams alleges the elections director refused to provide the information, and therefore Adams did not certify the results. But ten days later the Democrat Party of Georgia sent a letter to the entire Fulton County board effectively threatening criminal charges should members, like Adams, not certify the results.
Nevada
Nevada’s secretary of state and attorney general want to use the state’s Supreme Court to force election officials to certify the election results.
Three members of the Washoe County Board of Commissioners originally voted in July not to certify two recount primary races citing allegations of suspicious behavior were made during the public comment portion of a hearing. County Commissioner Clara Andriola reportedly said it was “not the first time that we’ve heard a lot of concerns of procedures, a lot of concerns of alleged mishaps” and said it warranted “further investigation.” One complainant, Val White, alleged she saw “multiple thumb drives” being used during both the election and recount after being allegedly told no thumb drives would be permitted.
Despite the concerns, Secretary of State Francisco Aguilar and Attorney General Aaron D. Ford in July filed a petition with the state Supreme Court to force the county to certify the results, arguing Nevada Administrative Code requires counties to certify recount results “within 5 working days after the completion of the recount.”
“This week, three county commissioners refused to canvass accurate election results as required by law,” Aguilar said. “This vote has the potential to set a dangerous precedent for elections in Nevada. It is unacceptable that any public officer would undermine the confidence of their voters.”
“I take serious the role of the Attorney General’s Office to defend Nevada’s elections against anyone who might try to delegitimize accurate election results or undermine a count of the people, and I will never hesitate to join the Secretary of State in protecting Nevada’s elections,” Ford said.
“We must have a legal precedent affirming that the canvass of the vote is ministerial, and that no elected official can deny the results of a legitimate election,” Aguilar said in a release earlier this month announcing the motion to hear the case was officially filed with the Nevada Supreme Court.
Arizona
In Arizona’s Cochise County, supervisors Terry Thomas Crosby and Peggy Judd were each charged with two felonies — conspiracy and interfering with an election officer — in 2023 by Arizona Attorney General Kristin Mayes after they stalled on certifying the 2022 county election results. A federal district judge recently denied the duo’s motions for dismissal and remandment.
This occurred during the same year in which election administration in Arizona’s most populous county, Maricopa, was marred by allegations surrounding the administration of the 2022 midterms; these included claims of improperly calibrated printers that led to ballots being rejected. Assistant Attorney General Jennifer Wright even sent a letter to Maricopa election officials demanding answers regarding the election administration. As my colleague Shawn Fleetwood explained, the request “prompted Cochise and Mohave Counties to delay their respective election certifications until the 28th” of November.
Crosby and Judd chose not to certify the Cochise County results, claiming “they weren’t satisfied that the machines used to tabulate ballots were properly certified for use in elections, though state and federal election officials said they were,” The Associated Press reported. Before the midterm race, the Republicans also reportedly “abandoned plans to hand-count all ballots, which a court said would be illegal.”
Mayes said in a statement regarding the charges against Crisby and Judd that the “repeated attempts to undermine our democracy are unacceptable” — because nothing says protecting democracy like trying to jail those who question it.
