Certification, the statutory process by which officials sign off on the completion of election results, has historically been an uncontroversial post election formality across the country. State law has long established that officials have a mandatory, nondiscretionary duty to certify elections.

Despite this well-settled law, states across the country faced a new phenomenon following the 2020 presidential election. Dozens of local officials nationwide refused or threatened to refuse to certify election results, often based on claims rooted in election denialism — the false idea that the 2020 election was stolen and that widespread fraud pervades our election system. Attempts to interfere with certification persisted throughout the 2024 election cycle, evolving into a vehicle to express disagreement or doubt as to any aspect of an election, including the outcomes of down ballot races.

Those efforts did not succeed, often because state courts and state officials intervened to protect the certification process. But the threat remains that rogue officials in several states may attempt to interfere with the timely certification of this year’s midterm election results.

Fortunately, state officials have several legal tools available to respond to any certification issues that arise — and to help prevent them in the first place.

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