Skip to content
Search

Latest Stories

Follow Us:
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

Labeling Dissent As Terrorism: New US Domestic Terrorism Priorities Raise Constitutional Alarms

A new Trump administration policy threatens to undermine foundational American commitments to free speech and association.

Labeling Dissent As Terrorism: New US Domestic Terrorism Priorities Raise Constitutional Alarms

A largely overlooked directive issued by the Trump administration marks a major shift in U.S. counterterrorism policy, one that threatens bedrock free speech rights enshrined in the Bill of Rights.

National Security Presidential Memorandum/NSPM-7, issued on Sept. 25, 2025, is a presidential directive that for the first time appears to authorize preemptive law enforcement measures against Americans based not on whether they are planning to commit violence but for their political or ideological beliefs.

Keep ReadingShow less
Someone holding a microphone.

Personal stories from constituents can profoundly shape lawmakers’ decisions. This excerpt shows how citizen advocacy influences Congress and drives real policy change.

Getty Images, EyeEm Mobile GmbH

Want to Influence Government? Start With Your Story

[The following article is excerpted from "Citizen’s Handbook for Influencing Elected Officials."]


Rep. Nanette Barragán (D-California) wanted to make a firm statement in support of continued funding of the federal government’s Supplemental Nutritional Assistance Program (SNAP) during the recent government shutdown debate. But instead of making a speech on the floor of the U.S. House of Representatives, she traveled to the Wilmington neighborhood of her Los Angeles district to a YMCA that was distributing fresh food and vegetables to people in need. She posted stories on X and described, in very practical terms, the people she met, their family stories, and the importance of food assistance programs.

Keep ReadingShow less
Let's End Felony Disenfranchisement. Virginia May Lead the Way

Virginia Governor-elect Abigail Spanberger promises major reforms to the state’s felony disenfranchisement system.

Getty Images, beast01

Let's End Felony Disenfranchisement. Virginia May Lead the Way

When Virginia’s Governor-Elect, Abigail Spanberger, takes office next month, she will have the chance to make good on her promise to do something about her state’s outdated system of felony disenfranchisement. Virginia is one of just three states where only the governor has the power to restore voting rights to felons who have completed their prison terms.

It is the only state that also permanently strips a person’s rights to be a public notary or run for public office for a felony conviction unless the governor restores them.

Keep ReadingShow less
A U.S. flag flying before congress. Visual representation of technology, a glitch, artificial intelligence
As AI reshapes jobs and politics, America faces a choice: resist automation or embrace innovation. The path to prosperity lies in AI literacy and adaptability.
Getty Images, Douglas Rissing

America’s Unnamed Crisis

I first encountered Leszek Kołakowski, the Polish political thinker, as an undergraduate. It was he who warned of “an all-encompassing crisis” that societies can feel but cannot clearly name. His insight reads less like a relic of the late 1970s and more like a dispatch from our own political moment. We aren’t living through one breakdown, but a cascade of them—political, social, and technological—each amplifying the others. The result is a country where people feel burnt out, anxious, and increasingly unsure of where authority or stability can be found.

This crisis doesn’t have a single architect. Liberals can’t blame only Trump, and conservatives can’t pin everything on "wokeness." What we face is a convergence of powerful forces: decades of institutional drift, fractures in civic life, and technologies that reward emotions over understanding. These pressures compound one another, creating a sense of disorientation that older political labels fail to describe with the same accuracy as before.

Keep ReadingShow less