You could stand me up at the gates of Hell. But I won't back down. – Tom Petty. But That'll Be the States' Response to Trump Attempting to Strong Arm Their Vote Certifications,
‘I will stand my ground’: Election officials are prepared for attempts to ‘find’ votes
Story by Erin Mansfield and Sarah D. Wire, USA TODAY
- Trump’s Attempts to Overturn 2020 Election: Donald Trump asked Georgia officials to help overturn the 2020 election results, but they refused.
- Election Integrity in 2024: Trump has claimed without evidence that Democrats are cheating and has not committed to accepting the 2024 election results unless he deems it fair.
- State Officials’ Stance: Governors and secretaries of state in key swing states have indicated they will certify election results regardless of pressure.
- Legal and Procedural Safeguards: Federal laws and court decisions limit the ability of state officials to alter election outcomes, ensuring the integrity of the electoral process.
He asked Secretary of State Brad Raffensperger, a Republican, to help him “find 11,780 votes,” but Raffensperger refused. Then he asked Gov. Brian Kemp, another Republican, to order an audit and convene the state legislature so they could hand the state’s electoral votes to him. Kemp also resisted.1
@RalphHightower: Overthrowing Georgia wouldn’t have won you the election. Trump and his Trump Party minions and sycophants, the senators and representatives, are laying the groundwork to cast doubt on the election results by falsely claiming that the Democrats are cheating, and are preparing attempts to steal the election if Harris/Walz defeats Trump. Trump finally answered that he would accept the election results, only “If it’s a fair and legal and good election.”; which is interpreted as “Only if I win.”
@RalphHightower: That is absolute bullshit. The only ones that cheat are Trump and his sycophants in the House and Senate.
But Trump would be unlikely to find state officials willing to try to block their state’s electoral votes from going to Vice President Kamala Harris. Democrats have gained power in major swing states, and the Republicans leading states that Harris could win have given no indication that they would overturn the election. In fact, several explicitly said they won’t do so.
Representatives of the Republican governors of New Hampshire, Vermont and Virginia − all states leaning toward Harris in polls − told USA TODAY they intend to certify the results regardless of the winner. And top election officials in Pennsylvania, Georgia, Wisconsin, and North Carolina also said they wouldn’t be swayed.
Federal law requires governors to create documents called certificates of ascertainment that begin the process of convening the Electoral College to vote for president and vice president. Secretaries of state, or another official depending on the state, compile election results from local and county governments so the winner can be declared.
State officials have shown they are unlikely to bend to pressure to change election results. Republicans like Raffensperger and Kemp were unwilling to help Trump in 2020. And if they did in the future, a court might over-rule them.
“No one I’ve ever encountered who’s involved with election administration like this would give in to threats or intimidation,” Pennsylvania Secretary of State Al Schmidt, a Republican, told USA TODAY. Schmidt previously swatted off pressure to interfere with the 2020 election while a local official in Philadelphia, and Democratic Gov. Josh Shapiro appointed him to his current post.
“Anyone involved in elections is pursuing their responsibilities professionally, and no amount of pressure or coercion would interfere in that in any way,” Schmidt said.
The Republican National Committee responded to USA TODAY’s questions for the Trump campaign. “President Trump’s election integrity effort is dedicated to protecting every legal vote, mitigating threats to the voting process, and securing the election,” said Claire Zunk, the party’s election integrity spokesperson.
Why governors are unlikely to help Trump overturn an election
When Donald Trump lost Georgia by just under 12,000 votes in 2020, he went to the two people with the most power over the state’s elections — the governor and the secretary of state — and asked for help overturning the results.
He asked Secretary of State Brad Raffensperger, a Republican, to help him “find 11,780 votes,” but Raffensperger refused. Then he asked Gov. Brian Kemp, another Republican, to order an audit and convene the state legislature so they could hand the state’s electoral votes to him. Kemp also resisted.
Heading into a tight Nov. 5 election, Trump in September claimed without evidence that Democrats are “cheating,” laying the groundwork to challenge the results again if he loses. During a debate in June, Trump twice avoided directly answering if he would accept the result’s of this year’s election, eventually saying he would do so only “If it’s a fair and legal and good election.”
@RalphHightower: The only ones that are laying the groundwork to steal the election are Trump and his Trump Cult members in the US House and Senate.
But Trump would be unlikely to find state officials willing to try to block their state’s electoral votes from going to Vice President Kamala Harris. Democrats have gained power in major swing states, and the Republicans leading states that Harris could win have given no indication that they would overturn the election. In fact, several explicitly said they won’t do so.
Representatives of the Republican governors of New Hampshire, Vermont and Virginia − all states leaning toward Harris in polls − told USA TODAY they intend to certify the results regardless of the winner. And top election officials in Pennsylvania, Georgia, Wisconsin, and North Carolina also said they wouldn’t be swayed.
Federal law requires governors to create documents called certificates of ascertainment that begin the process of convening the Electoral College to vote for president and vice president. Secretaries of state, or another official depending on the state, compile election results from local and county governments so the winner can be declared.
State officials have shown they are unlikely to bend to pressure to change election results. Republicans like Raffensperger and Kemp were unwilling to help Trump in 2020. And if they did in the future, a court might over-rule them.
“No one I’ve ever encountered who’s involved with election administration like this would give in to threats or intimidation,” Pennsylvania Secretary of State Al Schmidt, a Republican, told USA TODAY. Schmidt previously swatted off pressure to interfere with the 2020 election while a local official in Philadelphia, and Democratic Gov. Josh Shapiro appointed him to his current post.
“Anyone involved in elections is pursuing their responsibilities professionally, and no amount of pressure or coercion would interfere in that in any way,” Schmidt said.
The Republican National Committee responded to USA TODAY’s questions for the Trump campaign. “President Trump’s election integrity effort is dedicated to protecting every legal vote, mitigating threats to the voting process, and securing the election,” said Claire Zunk, the party’s election integrity spokesperson.
Why governors are unlikely to help Trump overturn an election
Democrats hold the governor’s seat in five of the seven key swing states: Arizona, Michigan, North Carolina, Pennsylvania and Wisconsin. Kemp is the governor of Georgia, and Republican Joe Lombardo has been Nevada’s governor since 2023.
Lombardo is a longtime law enforcement officer and former sheriff of Clark County, where Las Vegas is located. Trump endorsed Lombardo for governor, and Lombardo endorsed Trump for president earlier this year. But Lombardo also stood next to Democratic Secretary of State Cisco Aguilar to enact a law to protect election workers.
“I haven’t seen any indication from Governor Lombardo that he would reject the results as certified by the secretary,” said Jonathan Diaz, the voting advocacy director for Campaign Legal Center. “It’s not to say that Trump won’t try.” Lombardo’s staff did not respond to multiple inquiries for comment.
There are four other Republican governors likely to be responsible for creating certificates of ascertainment to award Electoral College votes to Harris — Nebraska, New Hampshire, Vermont and Virginia — but none of them have shown an inclination to change the outcome of an election.
Virginia Gov. Glenn Youngkin has said his state could go for Trump despite polls showing Harris ahead by an average of 7 percentage points, according to FiveThirtyEight. He also has been an outspoken advocate for election integrity. Nonetheless, his office was clear that he would certify Virginia’s results.
“Governor Youngkin will fulfill his responsibility of signing the certificate of ascertainment, as mandated by federal law,” Youngkin’s press secretary Christian Martinez said in a statement to USA TODAY.
Amanda Wheeler, a spokesperson for Vermont Gov. Phil Scott, said he would “absolutely fulfill his duty to certify election results, regardless of who is victorious in Vermont. This is likely not surprising as he has condemned acts of election interference and politically motivated violence in the past.”
“I can’t imagine that executives in New Hampshire and Nebraska will not do their duty even if they’re not thrilled with the results,” said David Becker, the founder of Center for Election Innovation & Research a nonpartisan nonprofit that works with election officials to ensure election security. “Same with Virginia.”
Why secretaries of state will stand in the way of election interference
The top election officials in three swing states — Arizona, Michigan, and Nevada — are elected Democrats. Wisconsin’s top election official, Meagan Wolfe, is a nonpartisan appointee Trump asked Republicans to impeach, in part over false and misleading claims of the 2020 election. The Republican secretaries of state in Pennsylvania and Georgia, Schmidt and Raffensperger, also were tested in 2020.
“For the last four-plus years there have been a lot of political attempts to try to sway me, and I’ve stood strong through all of those, and I have no intent to stop,” Wolfe told USA TODAY. She said her job “all day every day is to recognize political pressure or influence for what it is and do my job as an election official without giving deference to that.”
Raffensperger told USA TODAY he expects pressure “from political advocates on both sides of the aisle. They’re fully vested in their candidates.” He added, “I think I’ve shown that I will stand my ground. I’ll follow the law. I’ll follow the Constitution. I’ll do my job.”
A grand jury in Georgia indicted Trump and more than a dozen other people for their efforts to overturn the 2020 election there. Trump’s call to Raffensperger was a key part of the indictment.
Karen Brinson Bell, the nonpartisan executive director of the North Carolina State Board of Elections, told USA TODAY that if someone called her up and told her to find votes, she would say, “We’ve counted the ballots. There are no votes to be found.”
After the Board of Elections signs off, Elaine Marshall, North Carolina’s Democratic secretary of state, certifies the results to the governor. Then she convenes the Electoral College. “If I were to get a call about switching electors, I mean, I wouldn’t do it,” she said. “There is no authority for that. And it’s just not going to happen on my watch.”
In New Hampshire, Republican Secretary of State David Scanlan historically sends a letter to the five-member executive council to certify the presidential election, according to Cinde Warmington, the only Democrat on the five-member council. She said she isn’t concerned about the council doing its job.
Susan Beals, the chief election official for Virginia, said in a statement that certification of the election is a “ministerial duty,” a legal term that means officials can’t decline to do it for subjective reasons. The Virginia State Board of Elections, which has three Republicans and two Democrats, said in a statement that it would “fulfill its responsibility to certify the results of the 2024 November general election.”
Why governors and secretaries of state are so important
In most states, secretaries of state collect election results from local or county governments and add the numbers together before certifying the presidential election winner and sending the information to the governor. In several states, a person with a different title or a board perform this task.
When governors receive the election results, they use the information to create documents declaring how many votes each candidate for president received. These are called certificates of ascertainment, and governors are required to create them under the 2022 federal law called the Electoral Count Reform Act.
The documents also list the names of the people who will represent the state in the Electoral College, names that are provided by the party whose candidate won. The Electoral College meets to cast votes on Dec. 17. The votes and the certificates are sent to Congress to count the votes on Jan. 6.
The 2020 playbook won’t work
Between governors and secretaries of state likely to block any efforts to reverse an outcome, a Supreme Court decision that limits state legislatures’ power in federal elections, and increased public awareness, Trump’s 2020 path to overturning an election has all but whittled away.
“The question isn’t whether or not county and state officials are going to be pressured,” Becker said. “In virtually all the states that Harris wins, if Trump loses, I think that’s a near certainty.”
@RalphHightower: The states are going to follow their states’ constitutions, and the US constitution.
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Trump’s telephone conversations with Georgia’s Secretary of State is evidence in the government’s court filing regarding the January 6, 2021 Insurrection, ↩