Investigation finds dozens of election deniers now hold positions overseeing 2024 vote

[mzmolly]

3. How State and Local Election Certification Works - Lauren Miller

https://statecourtreport.org/our-work/analysis-opinion/how-state-and-local-election-certification-works

. All questions about any suspected fraud or misconduct are typically left to state-designated processes or tribunals that hear election disputes. For this reason, courts refer to certification as a “ministerial” duty, defined as an obligation “involving merely the execution of a set task, and when the law which imposes it prescribes and defines the time, mode an[d] occasion for its performance with such certainty that nothing remains for judgment or discretion.”

In the event that election officials refuse to certify or delay certifying election results, every state certification system includes an enforcement mechanism that generally falls into one of two categories: statutory remedies specific to election certification, or general mandamus remedies that apply broadly to government officials with ministerial duties. Additionally, states may also choose to impose criminal penalties on officials who intentionally refuse to certify results.

Some states with specific statutory remedies allow voters or candidates to sue an official who refuses to certify valid election results. In New Mexico, for example, state law allows any voter to petition a state trial court to order county officials to complete certification. Other states, such as Michigan, allow state election officials to take over certification at the local level if a local official refuses to certify.