Election Denying Officials Who Refuse to Certify Election Results Could Face Prosecution

This op-ed was originally published in Just Security.

As Election Day approaches, so does the prospect of certain state or local officials “going rogue” and attempting to refuse to certify election results based on election conspiracies or other specious grounds. Such abuses of authority are plainly unlawful and, importantly, may expose complicit officials to criminal liability.

Although the details vary by state, state laws generally prohibit the kinds of abuses of certification authority we’ve seen since 2020. One reason for this is that state election procedures are designed to spot and correct errors well before certification. As detailed in a new report by the Brennan Center for Justice at NYU Law School:

“The full process for counting votes involves a series of steps that take place over the course of weeks. Each of these steps has safeguards in place to protect the rights of voters and the integrity of our elections.”

Read the full article in Just Security.

About the Authors

Jacek Pruski

Former Staff

Jacek Pruski uses integrated advocacy to protect voting rights and fair elections and to ensure accountability for abuses of power.

Helen White


Helen White focuses on protecting elections and voting rights and ensuring accountability for abuses of power through litigation and other advocacy strategies.

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