A week from now, I will be one of millions of Americans staying up way too late watching news about the results of the 2024 election trickle in. Given how close the presidential race is, it is very likely we won’t know who the winner is on the evening of November 5. However, I will go to bed secure in the knowledge that the vote-counting process is being carried out fairly, transparently and accurately.
All Americans should share my sense of confidence in our electoral process, but I know this is not the case. The spread of misinformation and disinformation about our elections continues and softens the ground for postelection lawsuits challenging legally cast votes in battleground states. We are also likely to see the influence of election misinformation motivating the actions of a tiny minority of election officials attempting to delay the certification of election results (in defiance of state laws).
The main assurance I can offer is that our elections are safe and secure, protected by a robust array of proven and trusted systems — as well as checks and balances — that ensure the will of the voters is accurately reflected in the final tally. This is why I will wait patiently after Election Day as battleground states like Arizona, Pennsylvania and Wisconsin methodically process millions of mail-in ballots that could ultimately prove decisive. Unfortunately, as vote by mail has gained popularity, it has become a target for divisive rhetoric about our elections.
Pennsylvania and Wisconsin begin reviewing and processing absentee ballots on Election Day, and state laws vary widely on deadlines for receiving properly postmarked ballots after Election Day. This means results may not be made official for days or even weeks, but this is completely normal. Claims that a slow and careful vote-counting system is a sign of fraud are nothing more than efforts to sow mistrust in our democracy.
The main concern I’ve heard from friends, colleagues and concerned citizens across the country is the fear that we may see a repeat of the events that followed Election Day 2020, culminating in the violence of January 6, 2021 and the confusion about the rules for Congress’ receipt of Electoral College votes. Here’s my answer to those concerns: The peaceful transfer of power from one president to the next is more well-defined and better protected today than at any point in U.S. history.
The story of Campaign Legal Center’s (CLC) deliberate, tireless effort — along with a host of allies — to help craft, pass and implement this law has been told many times in pro-democracy circles. But I suspect most Americans are not familiar with the details of the ECRA, the only major piece of pro-democracy legislation to make it through Congress in years.
At its core, the ECRA updates the antiquated 1887 Electoral Count Act, which allies of Donald Trump sought to exploit after votes were cast in 2020. To fully understand the safeguards embedded in this law, I highly recommend reading a joint report on the ECRA released by CLC which includes a comprehensive timeline explaining how we get from Election Day to Inauguration Day.
Some of the most important provisions of the ECRA include:
Requiring states to appoint electors in accordance with preexisting law to prevent state legislatures from subverting the will of the voters.
Clarifying that only governors may certify their state’s slate of electors — unless another official is designated — and establishing a deadline for doing so.
Providing an expedited process for federal courts to resolve disputes about a state’s certification of electors.
Clarifying that the Vice President’s role is purely ceremonial when Congress meets to count each state’s electoral votes.
Raising the threshold for members of Congress to object to a state’s certified election results to 20% of each Chamber’s members.
Surely, our democracy is not perfect. Attorneys at CLC have been hard at work in the lead-up to the election fighting unlawful voter purge efforts in states like Virginia, Alabama and Texas. CLC also is representing Americans in court who live overseas, including military families, whose freedom to vote is threatened by a Georgia law that allows people to file frivolous voter eligibility challenges, sometimes by the thousands. We are also responding to challenges to overseas voting in other states.
This vigilant posture will continue during the post-election period. CLC and our state partners are prepared to defend the will of the voters from all threats in some of the most hotly contested battleground states and beyond.
For you, readers, I have a couple of suggestions that will help you better understand the most important issues impacting our ability to carry out a free and fair election in 2024:
Listen to season 4 of “Democracy Decoded,” CLC’s award-winning podcast. The latest episode includes my conversation about the election with host and CLC attorney Simone Leeper.
Watch our latest Campaign Legal Conversation with our election experts answering questions from concerned citizens like you.
Finally, its not too late to make your voting plan. Our democracy is at its best when all Americans can participate, and voting is a cornerstone of the democratic process.
Visit vote.org if you have any questions about the choices on your ballot.
If you have recently moved, consider checking your state’s Board of Elections website to confirm your voter eligibility and polling place.
If you or anybody you know is wondering about their voter status because of a prior felony conviction, visit CLC’s restoreyourvote.org.
And, if you experience any problems on Election Day while trying to vote, such as harassment or intimidation (both are illegal), call the free Election Protection Hotline at 1-866-OUR-VOTE (1-866-687-8683).
I’ll conclude by saying that, while our democracy has faced unprecedented challenges in recent years, it’s also true that many important battles have been won on behalf of American voters. Indeed, states like Michigan and Minnesota are truly functioning as “laboratories of democracy” by expanding the freedom to vote and advancing reforms to make government better represent the people.
In a nation governed by the rule of law, where trusted systems are in place to guide the electoral process — and where a dedicated, well-organized democracy defense force readies itself for action — there is every reason to have faith in our ability to honor the will of the voters in 2024.
The nonpartisan Campaign Legal Center is dedicated to advancing democracy through law at the federal, state and local levels, fighting for every American’s rights to responsive government and a fair opportunity to participate in and affect the democratic process.
