As we gear up for Election Day and the interregnum period between Election Day (November 5) and Inauguration Day (January 20), several points in the process are particularly vulnerable to disruption, which could significantly impact the integrity of our electoral system and the perceived legitimacy of the next administration.
Allegations of voter fraud: Former President Trump has already been making claims of voter fraud — and they are likely to intensify if he loses the election. These kinds of claims can erode public trust and create a contentious post-election atmosphere.
Local election officials refuse to certify their county or state vote: Certification of election results has historically been a ministerial duty Many local election officials, however, now see certification as discretionary and will only certify the vote if they suspect fraud. This shift could lead to significant delays and disputes over the final results.
Unresolved litigation: In this political environment, post-election lawsuits alleging fraud or misconduct are highly likely. These suits must be resolved by December 11 when each state’s governor will select the state’s electors. The Electoral Count Act of 2022 established an expedited judicial review process to fast-track litigation related to the election.
Disputed Electors: Disputed state election results could result in a legislature controlled by one party and a governor from another engaged in a political and legal fight over which candidate has won the state’s Electors. While there are legal means for resolving these disputes, a political fight could undermine public confidence in the election results.
Vice President Harris presides over a joint session of Congress where a state’s Electors are disputed: As President of the Senate, Vice President Harris will preside over the joint session of Congress where electoral votes are counted. If a state’s electors are disputed and the political fight continues, Harris may be attacked for a conflict of interest.
Disputed election goes to the House of Representatives: If no candidate receives 270 electoral votes, the election goes to the House of Representatives, where each state delegation gets a single vote. The House could potentially overrule the popular vote in electing the next president.
Each of these potential disruptions could undermine confidence in our elections and governance, sowing political unrest, increasing the potential of post-election violence and undermining the legitimacy of the declared winner.