More than a month ago, President Joe Biden announced to the nation that he would withdraw from the 2024 presidential election. He also endorsed Vice President Kamala Harris to be his replacement as the Democratic nominee.
At the time Biden left the race, the Democratic Party was in a funk, with many convinced that Donald Trump would easily romp to victory and destroy the American experiment of self-governance and representative democracy.
Now, however, Harris and her running mate, Minnesota Gov. Tim Walz, are campaigning in key battleground states such as Arizona, Michigan, and Pennsylvania, and just-released polls show the Democratic ticket in the lead over Trump and the GOP.
Behind the scenes, however, all of the momentum Harris and Walz are building could be destroyed by just a few election officials in a handful of states who may refuse to certify ballots, leading to a Constitutional crisis and threatening the entire American electoral system.
As A.B. Stoddard explains in a chilling column she penned for The Bulwark, we could be on the verge of an event that would put the election in the hands of the U.S. Supreme Court or House of Representatives, both of which would likely declare Trump the victor.
Across the country, the November election results will have to be certified in more than 3,000 counties, and all state results must be final by the time electors meet in each state on December 17. Members of county election boards are not tasked with resolving election issues; certification is mandatory and “ministerial,” not discretionary. Disputes over ballot issues are separate from the certification process—investigated and adjudicated by district attorneys, state election boards, and in court.
Election experts say the new rule could disrupt the entire process across the state by allowing local partisans to reject results. And Georgia appears to be at the center of Trump’s plans. Casting doubt on Fulton County, which makes up the bulk of Democratic votes in the state, will help him claim he won the Peach State as the rest of the results come in red.
What happens if there’s no certification? Technically, there would be no president, though Biden would remain as head of state until the matter could be adjudicated in court and a solution found.
Election attorney Marc Elias has been warning for months that we all need to prepare for a worst-case scenario and have plans in place if and when such an event arrives.
“I think we are going to see mass refusals to certify the election. Everything we are seeing about this election is that the other side is more organized, more ruthless, and more prepared.”
What can be done to make sure the 2024 election isn’t stolen by those loyal to Trump? First of all, we have to be informed as citizens and ready to make our voices heard. Then we have to vote in record numbers so Harris and Walz win in a landslide that cannot possibly be denied.
Most importantly, however, we have to band together and prepare for the days ahead. United, we cannot be beaten. Even the pro-Trump forces know that, and it should give them pause.
