Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Citizens need a better understanding of ‘election overtime’ before next November

Opinion

Stop the Steal rally in Washington, DC

Just because an election is close does not mean it's suspicious, writes Johnson.

Robert Nickelsberg/Getty Images

Johnson is the executive director of the Election Reformers Network, a national nonpartisan organization advancing common-sense reforms to protect elections from polarization.

A year from now, in early December 2024, America could be confronting one of the toughest challenges a democracy can face -- one that voters are not well prepared for. In the next presidential election, some states will likely be won by very tight margins, close enough that one side may decide to legally challenge the results. That scenario, a close and contested election, can be tough on democracy in the best of circumstances. As we learned in 2020, in our bitterly divided country, it’s potentially explosive.

But “close and contested” doesn’t mean “tainted and suspicious” – and it’s critical that Americans understand that difference.


Sports have clear rules for what happens when a game ends in a tie, or when a team challenges a call by a referee. Baseball fans know a tie game goes into extra innings, and that both sides get a chance to score each inning. Pro football fans know teams can challenge a referee’s decision, but the ruling on the field stands unless there is clear video evidence to overturn it. These are often the most suspenseful parts of the game, but they certainly aren’t a surprise to fans, much less a sign of breakdown in the game itself. It’s inevitable that some games end in ties, and inevitable that some elections are close and contested.

Citizens can have full confidence that the response to a close and contested election won't be made up on the fly, but will be guided by laws and procedures clearly established in advance. Every state has laws addressing the core elements, including provisions for recounts and for legal challenges by competing candidates. These rules are anchored in the key principle that courts should decide election contests, because courts — even if sometimes imperfect —are uniquely designed to consider evidence and render judgment.

But having good rules in place is only half the battle. Where we are dangerously underprepared is in voter understanding of those rules.

In a country with extensive coverage of elections and civic campaigns explaining why and how to vote, there is remarkably little available information about contested elections. Websites of secretaries of state cover many election topics but often have nothing on the rules of “election overtime.” Post-election news programs track each step toward the announcement of the media-projected winner but give little attention to the process that decides the actual legal winner.

The absence of this information is increasingly dangerous. Many voters have all the intensity of the most passionate sports fans but none of their knowledge of the rules. Many stand ready, despite that lack of knowledge, to race onto the field in protest of perceived unfairness.

To illustrate the kind of awareness we need, consider how well most Americans understand core principles of trial by jury. From courtroom scenes in movies and television, Americans know almost intuitively that a conviction requires proof beyond a reasonable doubt, and any allegations must be backed with evidence tested in court.

Likewise, election results should be presumed accurate unless and until there is clear evidence to prove otherwise. A change in those results — and a change in outcome — not based on rigorous evidence exposed to cross examination in court would be deeply unfair.

The analogy that seems to prevail instead is one of taint and purity. From this perspective, any single violation makes a whole election suspect, even if that violation impacts far fewer votes than the margin of victory. A single flaw is often assumed to prove the proverbial tip of the iceberg. We would never accept a criminal conviction — or any kind of legal judgment — based on such vague and unsubstantiated allegations, and voters need to think about elections in the same way.

And we need help building that understanding from political reporters, news channels and the media more broadly. The organization I run, Election Reformers Network, ran a successful pilot in 2022 to provide networks of journalists with information to help them better explain close and contested elections to readers. We need similar programs across all swing states so information is in circulation long in advance of election day to help voters know what to expect.

State and local election officials should provide more information on these issues on their websites, which are such important sources of trusted information for voters. State Bar Associations could also help judges do a better job explaining election decisions in more accessible language for voters.

America led the way in developing democracy into the most important competition humans ever invented. Better understanding of its most important rules will ensure we pass down this great institution to many many generations ahead.


Read More

Virginia Gov. Abigail Spanberger delivers the Democratic response to U.S. President Donald Trump's State of the Union address on February 24, 2026 in Williamsburg, Virginia.

Virginia Gov. Abigail Spanberger delivers the Democratic response to U.S. President Donald Trump's State of the Union address on February 24, 2026 in Williamsburg, Virginia.

Getty Images, Mike Kropf

Three Questions Linger After State of the Union Speech

Anyone tuning into the State of the Union expecting responsible governance was sorely disappointed. What they got instead was pure Trumpian spectacle.

All the familiar elements were there: extended applause lines, culture-war provocation, even self-congratulation, praising the U.S. hockey team and folding its victory into a broader narrative of national resurgence. The whole thing was show business, crafted for reaction rather than reflection, for clips rather than consensus.

Keep ReadingShow less
Two individuals Skiing in the Milano Cortina 2026 Winter Paralympic Games.

Oksana Masters of Team United States celebrates after winning gold in the Para Cross Country Skiing Sprint Sitting Final on day four of the Milano Cortina 2026 Winter Paralympic Games at Tesero Cross-Country Skiing Stadium on March 10, 2026 in Val di Fiemme, Italy.

Getty Images, Buda Mendes

The Paralympics Challenge Everything We Think We Know About Sports

If you’re a sports fan, you likely watched coverage of the 2026 Winter Olympics in Milano Cortina. But will you watch the Paralympics when approximately 665 athletes are expected in Italy to compete in the Para sports of alpine skiing, biathlon, cross-country skiing, ice hockey, snowboarding, and wheelchair curling?

The Paralympics, so-called because they are “parallel” to the Olympics, stand alone as the globe’s premier sporting event for elite athletes with disabilities. According to the International Paralympic Committee, 4,400 disabled athletes competed in the 2024 Paris Summer Games in track and field, swimming, and twenty other sports.

Keep ReadingShow less
U.S. Capitol.

Could Trump declare a national emergency to control voting in the 2026 midterms? An analysis of emergency powers, election law, and Congress’s role in protecting democracy.

Photo by Andy Feliciotti on Unsplash

To Save Democracy, Congress Must Curtail the President’s Emergency Powers

On February 26, the Washington Post reported that allies of President Trump are urging him to declare a national emergency so that he can issue rules and regulations concerning voting in the 2026 election. The alleged emergency arises from the threat of foreign interference in our electoral process.

That threat is based on now fully debunked reports that China manipulated registration and voting in 2020. The National Intelligence Council explained that there were “no indications that any foreign actor attempted to alter any technical aspect of the voting process in the 2020 US elections, including voter registration, casting ballots, vote tabulation, or reporting results.”

Keep ReadingShow less
Elite Insulation and the Fragility of Equal Access

A protest group called "Hot Mess" hold up signs of Jeffrey Epstein in front of the Federal courthouse on July 8, 2019 in New York City.

(Photo by Stephanie Keith/Getty Images)

Elite Insulation and the Fragility of Equal Access

In America: What We Want, What We Have, What We Need, I argued that despite partisan division, Americans share core expectations. They want upward mobility that feels real. They want elections that are credible. They want markets where new entrants can compete. They want rules that bind concentrated wealth. They want stability without stagnation.

The Epstein case directly tests those expectations.

Keep ReadingShow less