Hi friend,
Let’s start with a simple true or false question: State laws require officials to certify results.
If you answered “true,” you're correct! But unfortunately, election deniers have targeted certification as a way to interfere with election results.
That’s why we’re recruiting lawyers to observe the official canvass in Florida, Georgia, Michigan, Wisconsin, and Pennsylvania. Volunteers will receive training to observe vote canvassing and assist with ballot review as needed, all in support of ensuring election results are verified and to provide transparency to the certification process.
Next question. What’s the difference between the two post-election C’s, Canvass and Certification?
When the polls close on Election Day, both canvass and certification are key steps in finalizing and confirming results, but they serve different purposes.
The Brennan Center for Justice explains the canvass as a series of checks completed by local election officials, “to make sure all votes are counted, resolve any discrepancies in the vote totals, and ensure the results are accurate.” The role of legal observers during the canvass is to encourage a transparent process, to advocate for voters during mass challenges to ballots, and report on attempts to halt the canvass.
The canvassing process concludes with a step called “certification.” Protect Democracy describes this step as “the ministerial process by which the counting and canvassing of ballots is concluded by official confirmation of the results.”
As we saw in 2020, it’s possible that officials will refuse to certify, to delay the conclusion of the 2024 election. To prepare for this possibility, our partners at All Voting is Local, the Brennan Center for Justice, Campaign Legal Center, and Protect Democracy coauthored “Election Certification Processes and Guardrails,” which explains how state laws can protect against threats or delays to certification and emphasizes that the refusal to certify an election is illegal.
Last question: Will you join us to observe the official canvass?
We’re currently recruiting lawyers in Florida, Georgia, Michigan (canvass board meetings and absent voter canvass), Wisconsin, and Pennsylvania to observe the canvass. No prior experience is required and training is available. As additional opportunities are identified, we’ll make sure to let you know.
Voter protection efforts are underway! Each state has unique needs and our goal is to help you find the best way to get involved. If you’re interested in poll monitoring, supporting election officials, or staffing a voter hotline, check out our comprehensive Guide to Voter Protection Opportunities for Lawyers.
If you already found your voter protection project this election season, thank you!
Happy volunteering!
-Katie
Katie Waldo (She/Her/Hers)
Managing Director, We The Action
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