Here and Now
Edgar Lin on State Law and Certifying 2024 Election Results
Clip: Season 2300 Episode 2312 | 6m 8sVideo has Closed Captions
Edgar Lin on state-specific laws that govern certification election results by clerks.
Protect Democracy policy strategist and lawyer Edgar Lin details state-specific laws that govern certification of election results by local clerks and concerns over refusals to follow legal mandates.
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Here and Now is a local public television program presented by PBS Wisconsin
Here and Now
Edgar Lin on State Law and Certifying 2024 Election Results
Clip: Season 2300 Episode 2312 | 6m 8sVideo has Closed Captions
Protect Democracy policy strategist and lawyer Edgar Lin details state-specific laws that govern certification of election results by local clerks and concerns over refusals to follow legal mandates.
Problems with Closed Captions? Closed Captioning Feedback
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At the state Capitol today, state Republican leaders held a press conference ahead of the Harris visit, downplaying enthusiasm for the dem candidate and slamming her policies.
>> She's not going to be able to pass herself off, as you know, working class individual.
You know, she's always been part of the elite, and now she wants to become president without telling the American public exactly who she is and what she stands for, what policies she would impose on our society.
So again, the enemy of the Harris campaign and of Democrats in general, is the truth and the reality situation that they caused the open border.
The 40 year high inflation, the weakness that America is demonstrating to our global adversaries, which have literally, literally set the world in flames, certify election results or face legal consequences.
>> That's the message from a group of nonpartisan voter advocacy groups to election clerks in Wisconsin and six other battleground states.
The groups are detailing state specific election laws, including how any clerk choosing not to certify results could be prosecuted.
They say since 2020, more than 30 local election officials across the country have tried or threatened to refuse to certify results.
None of them in Wisconsin.
But the groups are trying to get out ahead of any problems with rogue clerks following the 2024 presidential election, protect democracy is among the groups releasing the rules guidance.
Its Wisconsin lead for policy and litigation on election subversion is Edgar Lin.
So what makes you and others believe that there are election clerks out there that might refuse to certify results?
>> Yeah, that's an excellent question.
And to answer it, I like to just give a little context.
If you don't mind, and talk about two terms canvasing and certification.
You are a voter and after you cast your ballot, there's a robust process to make sure every valid vote is verified and tabulated.
That process is called the canvass.
Certification ends the canvass.
The role of certification is not about verifying the final count, but simply to kind of sign off on the verification process that's already been performed.
So if I if I may use a sports analogy, you can think of the certifying election official as a scorekeeper in a basketball game, a scorekeeper whose sole job is to make sure that the number of the points for each team add up correctly so we know who the winner is, right?
It's the referee and not the scorekeeper who is responsible for enforcing the rules of the game.
And at the end of the game, the scorekeeper doesn't get to go back and say, I don't think X, Y, and Z shots should have counted because I don't believe, the shooter, I believe the shooter traveled or something like that.
It's just not the scorekeeper's job.
So to your question of why would a clerk refuse to certify certification?
Used to be a pretty quiet, mundane part of the election process.
People don't pay attention to it.
Things started to change in 2020 when we saw a rise in election related conspiracy theories and accusations, baseless answer your question, since then, a small number of officials motivated by partizanship or conspiracy certification or the sign off process as a place to disrupt the election when they don't like the results.
So I'll just emphasize that this has happened a few dozen times.
As you mentioned earlier in in various states in the last four years.
But the vast majority of election officials across the country and here in Wisconsin have been committed to performing their jobs, doing their jobs, certifying the election results.
And today, all these attempts have failed.
Courts have promptly ruled against these efforts as they violate the law just because refusing to certify isn't legal.
>> So even in Wisconsin, where Republican false electors scheme played out, as you say, no clerks have refused to certify results here.
And still you you see the need to remind Wisconsin clerks of this.
>> I do, I think part of it is just a also a public education.
There might be folks who are not aware of this, but it's very clear both state and federal law, Wisconsin law says certification is mandatory.
It's a ministerial duty.
In other words, scorekeepers or scorekeepers.
And referees or referees.
Our state law and legal precedent are clear.
Election officials have a duty to follow the law, so but I do think the more education we can give, the better.
>> Are there any legal reasons why a clerk could not certify results?
>> No.
They are required to certify results.
if any?
You know, so-called rogue clerk were to not certify?
>> Yeah.
It would be met with swift legal action.
But let me start with this.
As you mentioned, Wisconsin has not had anybody attempt to not certify or refuse to certify since 2020, unlike other states.
We just had a really smooth primary.
Our local election officials are doing their jobs regularly, fulfilling their roles as stewards to our democracy.
But if a county official refused to certify either in bad faith because of partizanship or baseless claims of fraud, or because they genuinely misunderstand their legal state actors like the attorney general or the Wisconsin Election Commission, and even voters can bring legal actions to compel them or to make them do that job.
It's called a mandamus action.
The attorney general or local district attorneys may also prosecute bad actors for election fraud by election officials.
Again, all failed so far, as I mentioned earlier.
And that's because our courts operate on law and facts and not on conspiracies.
And conjecture.
>> All right.
Well, thank you >> All right.
Well, thank you
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