Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Report: Party control over election certification poses risks to the future of elections

elections
Brett Deering/Getty Images

Griffiths is the national editor of Independent Voter News, where a version of this story first appeared.

Partisan machinations have increasingly shaken the faith in the integrity of the election process. Election deniers were just the start, but things have escalated to the point where some election administrators – loyal to their party – have refused to certify election results for political reasons.


New analysis from the Election Reformers Network warns of the growing danger and chaos that will arise as a result of parties having too much control over who certifies elections – and how they do it – as polarization spirals out of control.

“Already, we’re seeing efforts by U.S. partisans to exploit certification,” writes ERN Executive Director Kevin Johnson. “In 2020, Republican party representatives in Wayne County, the largest in Michigan, refused for several hours to certify results of the presidential election, briefly throwing the contest in a key swing state into turmoil. One of their counterparts at the state level board — the same panel that last week drew charges of political bias when it rejected, on party lines, a proposed ballot measure to protect reproductive rights — threatened to do likewise."

In 2022, there were incidents in New Mexico and Pennsylvania where local election boards refused to certify election results without cause or evidence of fraud or impropriety. Partisan lawmakers in Arizona hired a private firm with no experience to conduct a statewide election audit, despite the lack of evidence that one was needed.

Voters should brace themselves for more disruptions in November from the very people tasked with overseeing elections – a job that voters expect to be performed in an unbiased manner. But, the administration and certification of elections cannot be truly unbiased when the teams control who referees the game.

The risk is ever-present, and it is not isolated to only a handful of states.

In its analysis, ERN found that 39 states give exclusive control over election certification to partisan-controlled boards or partisan officials. And, every state except for Hawaii involves nominated, appointed or elected partisan figures in some manner in the certification process

These are people who have signed on to a team and have pledged their support for that team. They have an invested interest in “their side” winning.

Washington's independent secretary of state candidate, Julie Anderson, noted in an interview back in June that it is “very difficult for voters to believe that once you walk into” an election administration role “you shed those team obligations.”

In her own state she believes that Republican Kim Wyman – who stepped down earlier this year – may be the last person voters across the board fully trust to be a member of a party and oversee elections. Party leaders will no doubt scoff at the claim, but it may carry some weight by the fact that Anderson advanced to the general election over other major party candidates in a nonpartisan primary on Aug. 2.

ERN conducted a parallel analysis to see if peer democracies around the world allow parties to have the same level of control and influence on election certification. What the group found was that the United States is nearly unique.

Nearly all of the 12 democratic systems examined limited political parties to observing the certification process and bringing challenges to court. The finalization of elections is also conducted by the same – and in most cases nonpartisan – professionals who run the elections.

It is also rare in these countries that someone running in an election has any role in election administration or certification. The same cannot be said in the U.S., where those tasked with overseeing elections can and will run for a different or higher office while in their position.

Johnson believes that it is imperative that voters understand how election certification in their state works. Many people don’t know that several states have laws that make it clear that the certification process is not the venue to challenge election results.

The rightful venues are the courts, which have increasingly needed to step in to stop efforts to hold the certification process hostage for unfounded and political reasons. The lack of public knowledge has allowed some partisan officials to seek out loopholes and ambiguities in state law to insert their own will in election certification.

In the long term, Johnson says the United States should replicate what other democratic systems are doing. He believes responsibility for election certification should be shifted to election professionals selected in a nonpartisan manner.

“Where boards are involved, their membership should be modified to emphasize impartiality rather than party representation, for example by including retired election officials or judges” he writes. "Parties can fully protect their interests through the roles accorded them in law: observing all processes and taking evidenced-backed concerns to court.”


Read More

The Puncher’s Illusion: Winning the First Round and Losing the War
Toy soldiers in a battle formation
Photo by Saifee Art on Unsplash

The Puncher’s Illusion: Winning the First Round and Losing the War

In the Rumble in the Jungle, George Foreman came in expecting to end the fight early.

At first, it looked that way. He was stronger, faster, and landing clean punches. I watched the 1974 championship on simulcast fifty-two years ago and remember how dominant he was in the opening rounds.

Keep ReadingShow less
Calling Wealthy Benefactors!
A rusty house figure stands over a city.
Photo by Katja Ano on Unsplash

Calling Wealthy Benefactors!

My housing has been conditional on circumstances beyond my control, and the time is up; the owner is selling.

Securing affordable housing is a stressor for much of the working class. According to recent data, nearly 50% of renters are cost-burdened, meaning they spend over 30% of their take-home income on housing costs. Rental prices in California are especially high, 35% higher than the national average. Renting is routinely insecure. The lords of land need to renovate, their kids need to move in. They need to sell.

Keep ReadingShow less
An ICE agent monitors hundreds of asylum seekers being processed upon entering the Jacob K. Javits Federal Building on June 6, 2023 in New York City. New York City has provided sanctuary to over 46,000 asylum seekers since 2013, when the city passed a law prohibiting city agencies from cooperating with federal immigration enforcement agencies unless there is a warrant for the person's arrest.(Photo by David Dee Delgado/Getty Images)
An ICE agent monitors hundreds of asylum seekers being processed.
(Photo by David Dee Delgado/Getty Images)

The Power of the Purse and Executive Discretion: ICE Expansion Under the Trump Administration

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

  • Core Constitutional Debate: Expanded ICE enforcement under the Trump Administration raises a core constitutional question: Does Article II executive power override Article I’s congressional power of the purse?
  • Executive Justification: The primary constitutional justification for expanded ICE enforcement is The Unitary Executive Theory.
  • Separation of Powers: Critics argue that the Unitary Executive Theory undermines Congress’s power of the purse.
  • Moral Conflict: Expanded ICE enforcement has sparked a moral debate, as concerns over due process and civil liberties clash with claims of increased public safety and national security.

Where is ICE Funding Coming From?

Since the beginning of the current Trump Administration, immigration enforcement has undergone transformative change and become one of the most contested issues in the federal government. On his first day in office, President Trump issued Executive Order 14159, which directs executive agencies to implement stricter immigration enforcement practices. In order to implement these practices, Congress passed and President Trump signed into law the One Big Beautiful Bill Act (OBBBA), a budget reconciliation package that paired state and local tax cuts with immigration funding. This allocated $170.7 billion in immigration-related funding for the Department of Homeland Security (DHS) to spend by 2029.

Keep ReadingShow less
Towards a Reformed Capitalism
oval brown wooden conference table and chairs inside conference room

Towards a Reformed Capitalism

Despite all the laws and regulations that apply to corporations, which for the most part are designed to make corporations more responsive to the greater good, corporations have wreaked great harm on our environment, their workers, their customers, and the general public. Despite all the rules, capitalism can still pretty much do what it wants.

The problem is not that the laws and regulations are not enforced, although that is partly true. The problem is more that the laws and regulations are weak because of the strong influence corporations have on both Congress (this is true of Democrats as well as Republicans) and those responsible for regulating.

Keep ReadingShow less