Skip to content
Search

Latest Stories

Top Stories

Politicians certifying election results is risky and unnecessary

Opinion

New Mexico Supreme Court

New Mexico's Supreme Court ordered commissioners in Otero County to certify the results of the June 7 primary.

Francesca Yorke/Getty Images

Johnson is executive director of the Election Reformers Network.

In recent months, we’ve gotten a crash course in the ways that our election systems are now dangerously vulnerable to partisan interference and disorder. Numerous candidates for secretary of state deny the results of the 2020 election, including several who are, or likely will be, their party’s nominee. Party operatives are recruiting biased poll workers to give their side an edge.


Events last week in Otero County, N.M. – which happens to be home to one of the nation’s largest missile ranges – highlight another troubling threat. There, the Republican-led county commission refused to certify the results of the June 7 primary election, citing general concerns and “gut feelings” about voting software, without specific evidence and in disregard of security tests confirming the system’s accuracy.

After a lawsuit filed by the secretary of state, the state Supreme Court ordered the commission to certify, which it did, with a vote of 2-1 shortly before the state-mandated deadline. State law establishes specific circumstances under which such commissions can query results submitted by the county clerk, none of which pertained in this case, the Supreme Court found. Appropriately, the rule of law took priority over the personal views of the commissioners.

But there’s no guarantee that future efforts to use the certification process to hold an election hostage will fizzle out so quickly — especially after a hotly contested vote where partisan tensions are running high. That raises a bigger question: whether in our hyper-partisan era, having elected politicians sign off on election results is playing with fire.

We almost got burned in 2020. Then, the two Republican members of a bipartisan canvassing board in Michigan’s largest county initially refused to certify the results, before ultimately relenting. In the next presidential election, the pressure on the party nominees to do the party’s bidding is likely to be even greater.

In most democracies, the officials who conduct the election also certify the results, and for the most part they are independent, nonpartisan professionals. But in the U.S., many states require certification by county commissions or canvass boards composed of individuals either nominated by a political party or elected under its banner. In most states, the certification step is not a venue to judge concerns about elections; the courts are, based on evidence presented by candidates. That’s why New Mexico’s Supreme Court quickly ordered the board to certify.

But that doesn’t mean that county actions like this aren’t dangerous. An effort like we’ve seen in Otero County could act as a flashpoint for conflict entrepreneurs to exploit, stoking anger and potential violence, and further destabilizing our system. Last week’s election protests in New Mexico’s Sandoval County were apparently inspired by the Otero County conflicts.

Complicating the problem is the fact that some states’ laws are not as clear as they need to be about when these officials have discretion and when their roles are purely administrative. The manipulation of just this kind of ambiguity was an important driver of the chaos of January 6th.

It may once have made sense to put elected partisans and party nominees in charge of certifying results. Progressive-era reformers devised these structures to provide some protection for political parties (though only the two largest parties) in an era when Supreme Court precedent sidelined federal courts. But precedent-changing decisions beginning in the 1960s altered the landscape, moving the courts to center stage, where they belong, and removing the need to always ensure Republican and Democratic representation in the results certification process.

And today, fair elections face a very different threat: manipulation by out-of-control partisans and ideological extremists. To head off that danger, we need to ensure that key roles in our election process are entrusted to nonpartisan experts, that rules are clear over where discretion lies, and that as much as possible, concerns over results are entrusted to courts.

If we don’t, it might not be long before partisan opportunists calculate that a controversy over certification can be used to whip up conflict that benefits their side. We shouldn’t give them that chance.


Read More

Digital illustration of robot's hand holding and supporting man who is working on his desk using computer, represent themes of artificial intelligence (AI), the future of work, and the intersection of humanity and technology.

Universal basic income would cost trillions. Wage insurance, a bigger child tax credit, and a tax break for work could help workers left behind by AI at a fraction of the price.

Andriy Onufriyenko / Getty Images

AI’s Costs: The Human Element & the Response

The age of AI will be a revolutionary age. In medicine, engineering, and more, there is the possibility of great benefit to humanity. Consider some Wall Street Journal headlines: “The Quest to Use AI to Help Find New Drugs,” and “Fusion Startup Gets an AI Boost.” Already, AI is a substantial portion of GDP growth.

Yet a rising tide will not lift the boats with holes in their hulls, as Jack Kemp once said. Artificial intelligence is challenging our leaders to think about those possibly left behind. Within the AI community itself, Anthropic CEO Dario Amodei expresses concern that we could see 5-10% GDP growth with 10% unemployment.

Keep ReadingShow less
Social Security card, treasury check and $100 bills

A Social Security inspector general found $1 billion in improper SSI payments tied to earnings alerts left unresolved for two years. Here’s what went wrong.

JJ Gouin/Getty Images

$1 Billion, 733 Days: Inside Social Security’s Improper-Payment Backlog

Social Security's inspector general opened its books this week and found a number that should stop any controller cold: roughly $1 billion in improper Supplemental Security Income payments, made to 333,800 recipients, sitting on top of a backlog the agency has known about for years. The cause was not a hacker, not a sophisticated fraud ring, and not a policy loophole. It was an earnings alert nobody closed out.

Here is how the mechanism actually works, and why it matters more than the headline figure. When a recipient's reported earnings change, the Social Security Administration's system generates an alert flagging that the payment amount may need adjustment. An employee is supposed to resolve that alert, verify the wage documentation, and correct the payment before the gap compounds. The inspector general's office pulled a sample of 100 such cases. Only 20 had been resolved. Sixty-three had gone untouched entirely, left pending for an average of 733 days, just over two years. Seventeen more were marked "cleared" without the wage documentation ever being fully verified, meaning the case was closed on paper while the underlying question remained open.

Keep ReadingShow less
Hands raised in the air, holding each other.​

America’s polarization has closed us off to each other’s humanity. The Golden Rule and the churches may be the way back to common ground.

Getty Images, PeopleImages

Land of the Free, Home of the Brave? How Trump Is Destroying America's Soul

The recent actions by both some Jewish leaders and pro-Palestinian activists against NY mayor Zohran Mamdani are an example of just how far our nation has come from our ideals under the presidency of Donald Trump.

Even with Mamdani's consistent pro-Palestinian statements, he was called a "coward" and a "sellout" because he stood with the Jewish community in remembering the October 7 Hamas attack. Jewish leaders condemned him for his criticism of Israel and Palestinian sympathies expressed in the same breath as remembrance of the attack. But Mamdani understands the connection between the treatment by Israel of Palestinians and Palestinian treatment of Israel.

Keep ReadingShow less