Certification has long been considered an uncontroversial step in the post-election process, and courts have long held that state and local officials have no discretion to refuse to certify election results by the statutory deadlines. Even so, there is a real risk that counties in several states may try to refuse to certify this year’s presidential election results in a timely manner. 

Local officials across the country have sought to disrupt the certification process since the 2020 election, often pointing to unfounded conspiracy theories to justify their actions. These efforts to interfere with certification have all been unsuccessful so far—often because state courts and officials have intervened.

Certification abuses would pose a particularly acute threat this year. Federal law requires states to certify their slate of presidential electors by December 11, 2024, and delaying certification by even a few days could place a state’s ability to meet that deadline at risk. All Voting is Local, The Brennan Center for Justice, Campaign Legal Center, and Protect Democracy have partnered to create the following resources, which outline the legal tools available to respond to any certification issues that arise.

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