The Latest: The Fights Over Election Certification

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 that examines what’s broken in our democracy and how we can work together to fix it.