How Elections Are Certified in Battleground States

With voting underway in the presidential election, voters should be prepared to hear about election certification: the post-election formality that marks the end of the vote-counting process.

In the weeks after Election Day, local election officials begin a series of checks, known as the canvass, to make sure all votes are counted, resolve any discrepancies in the vote totals, and ensure the results are accurate. Once the canvass is complete, they must formally certify the completion of that process by a specific date set by state law. They then deliver the results to state officials, who complete their own canvass and certify the results for statewide elections.

Essentially, certification confirms that all the necessary steps in the post-election process have taken place. That’s why state laws across the country establish it as a mandatory duty. Certifying officials have no authority to investigate the results or weigh in on legal issues. Instead, those questions are left to processes specifically designed to answer them, such as election contests and other court proceedings.

Over a century of well-settled state court precedent confirms that certification is mandatory. But since the 2020 election, more than 30 rogue local officials responsible for certifying results have refused or threatened to refuse to do so, rooting their misconduct in false claims that the 2020 election was rigged and widespread fraud persists in our election system.

Fortunately, these attempts have failed due to the many legal tools that courts and state officials have to compel certification. And while each state differs in their respective safeguards, the end result is the same: state officials can ensure that certification takes place on time for this year’s presidential election.

To help navigate this process, we’ve summarized deadlines and key procedures for certifying the presidential election in seven battleground states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. For additional details, see the new collection of state certification guides created by All Voting is Local, the Brennan Center, Campaign Legal Center, and Protect Democracy.

Arizona

State Deadline for Certifying Presidential Election Results: November 25

Certification Process: Under Arizona law, the canvass is the process of reviewing and declaring election results by a mandated deadline, and certification serves as the final step at the end of the canvass. County boards of supervisors must meet to conduct the canvass no later than the third Thursday after the election, which this year is November 21. After completing and signing off on the canvass, each county board must immediately send a copy of the official canvass to the secretary of state. The secretary of state must complete the statewide canvass for the presidential election by no later than the third Monday after the election, November 25.

What happens if there is a refusal to certify? Parties affected by a refusal to certify can ask a court to issue an order directing officials to carry out their duties as required by law. In Arizona, that court order is a type of “special action” relief that several types of impacted parties can request, including the secretary of state, an aggrieved candidate, or an affected voter. For example, the secretary of state and Arizona voters requested court intervention after the Cochise County Board of Supervisors refused to canvass and sign off on the results of the 2022 general election. The court granted their request and ordered the county to complete the canvass.

What happens if a certifying official refuses to follow a court order? If a person defies a court order to perform a specific act, Arizona law allows state courts to appoint someone else to perform that action at the disobedient party’s expense. Courts can also hold the party refusing to comply in civil or criminal contempt.

For more information on Arizona, see here.

Georgia

State Deadline for Certifying Presidential Election Results: November 22

Although the Georgia State Election Board has recently adopted new rules related to certification, those rules do not affect the state’s statutory deadlines for certification.

Certification Process: County officials must certify their precincts’ returns no later than 5 p.m. on November 12, and immediately transmit them to the secretary of state. Upon receiving the certified returns for presidential electors, the secretary of state begins canvassing the votes cast for each slate of presidential electors and delivers them to the governor by 5 p.m. on the 17th day after the election, November 22.

What happens if there is a refusal to certify? Parties affected by a refusal to certify can ask a state court to issue an order directing officials to carry out their duties as required by law. Several types of parties can bring such a request, including candidates affected by the refusal to certify, the secretary of state, and impacted Georgia voters.

What happens if a certifying official refuses to follow a court order? If a certifying official defies a court order to certify an election, Georgia law would allow a state court to appoint someone else to perform the action at the disobedient official’s expense. A court could also hold that certifying official in civil or criminal contempt.

For more information on Georgia, see here.

Michigan

State Deadline for Certifying Presidential Election Results: November 25

Certification Process: County boards of canvassers must meet to complete the canvass no later than 14 days after the election, this year November 19. Within 24 hours after completing the canvass, they must send a certified copy of the statement of results to the secretary of state. The Board of State Canvassers is responsible for certifying statewide and federal races. The state board must meet, canvass, and announce its determination no later than 20 days after the election, November 25.

What happens if there is a refusal to certify? If a board of county canvassers fails to certify the results by the 14th day after the election, state law requires the Board of State Canvassers to immediately step in and make the necessary determinations to certify the county’s results by November 25. All costs associated with that effort must be borne by the county that failed to certify. If necessary, parties affected by a refusal to certify in Michigan — such as voters, aggrieved candidates, or the secretary of state — can also file an action in state court.

What happens if a certifying official refuses to follow a court order? If a certifying official defies a court order to certify an election, the party who obtained the order can ask the court for contempt sanctions, such as fines, under state law.

For more information on Michigan, see here.

Nevada

State Deadline for Certifying Presidential Election Results: November 26

Certification Process: Under Nevada law, the canvass is the process of reviewing and declaring election results by a mandated deadline. Certification serves as the final step at the end of the canvass. The board of county commissioners for each county must complete their canvass by the 10th day following the election, this year November 15. State law directs the county clerk to then create an abstract of results that contains the number of votes for each candidate, and the board “shall cause the county clerk to certify the abstract” and send a copy of the abstract and a report to the secretary of state, also by no later than November 15. The secretary of state must meet with at least a majority of the justices of the Nevada Supreme Court to canvass the statewide vote on the fourth Tuesday of November following the general election, November 26.

What happens if there is a refusal to certify? Parties affected by a refusal to certify can ask a court for an order requiring the officials to perform their public duties as required by law. Earlier this year, the secretary of state filed a such a demand against the Washoe County Board of County Commissioners after it refused to certify the results of two recounts in the June 2024 primary election. The court dismissed the lawsuit as moot after the board subsequently certified the results.

What happens if a certifying official refuses to follow a court order? If an official defies a court order to certify, Nevada law would allow a court to appoint another individual to carry out the court order. If a party persists in refusing to obey a court order, the court may issue “any orders necessary and proper for the complete enforcement” of the order under Nevada law. A court could also hold a disobedient official in civil or criminal contempt.

For more information on Nevada, see here.

North Carolina

State Deadline for Certifying Presidential Election Results: December 2 (may be extended by 10 days if county canvasses are delayed)

Certification Process: County election boards must meet at 11 a.m. 10 days after Election Day, this year November 15, to complete the canvass and authenticate the count. As soon as the canvass is complete, county boards prepare abstracts — a document signed by the members of the board showing the votes for each candidate. The State Board of Elections must meet on the Tuesday three weeks after Election Day to complete the canvass for statewide elections, November 26. It may adjourn for not more than 10 days to secure missing abstracts if the county canvass is delayed. Six days after the completion of the statewide canvass, if no election protest is pending, the state board issues a certificate of nomination or election.

What happens if there is a refusal to certify? If the State Board of Elections has not received all of the county canvass results by November 26, state law authorizes it to secure the originals or copies of the missing abstracts from county officials at the county’s expense. State law also gives the state board authority to hear and act on complaints related to a county board’s failure to comply with election laws — authority that should provide a sufficient basis for the state board to issue an administrative order against a rogue county board. And if necessary, an affected candidate, voter, or the state board can file an action in state court.

What happens if a certifying official refuses to follow a court order? North Carolina law provides a mechanism for a court to direct another party to carry out a court order if the ordered party refuses to comply. The party who obtained the order can also petition the court for criminal or civil contempt sanctions.

For more information on North Carolina, see here.

Pennsylvania

Certification Deadline: Upon receipt of county certified results, which must be received by November 25

Certification Process: County boards must deliver unofficial returns for all statewide public offices to the secretary of the commonwealth by 5 p.m. on the Tuesday following the election, this year November 12. After sending the unofficial returns, the county boards continue their canvass. The returns are considered unofficial for five days, during which petitions for recounts or recanvasses may be filed. At the end of the five-day period, if no revisions are necessary, the county boards must certify the returns to the secretary. If a recount or revisions are required, the county board must make them and then certify the results. But under no circumstance can county boards certify their results to the secretary later than November 25. Upon receiving the certified returns, the secretary must compute and present the presidential election returns to the governor.

What happens if there is a refusal to certify? Parties affected by a refusal to certify can ask a state court to order the certifying officials to perform their public duties as required by law. Several types of parties can file such an action, including affected candidates, the secretary of the commonwealth, and voters.

What happens if a certifying official refuses to follow a court order? If a certifying official refuses to comply with a court order, the court that issued it may penalize that official under contempt of court.

For more information on Pennsylvania, see here.

Wisconsin

State Deadline for Certifying Presidential Election Results: December 1

Certification Process: County boards of canvassers must convene by 9 a.m. on the Tuesday after the election to conduct the county canvass and must deliver certified vote statements to the Wisconsin Elections Commission no later than 14 days after the election, this year November 19. The WEC chairperson must publicly canvass the returns and formally declare the results on or before December 1.

What happens if there is a refusal to certify? If a county clerk fails or neglects to forward statements to the Wisconsin Elections Commission, Wisconsin law gives the commission authority to dispatch a special messenger to obtain them. Parties affected by a refusal to certify can also ask a state court to order the certifying officials to perform their public duties as required by law. The Wisconsin Elections Commission, attorney general, or the relevant district attorney can file such an action, in addition to affected candidates and voters.

What happens if a certifying official refuses to follow a court order? If a certifying official refuses to comply with a court order, the party who obtained the order can seek contempt sanctions. The district attorney or the attorney general can also seek punitive sanctions.

For more information on Wisconsin, see here.

This article originally appeared on the the Brennan Center for Justice website. 

Lauren Miller Karalunas is a counsel in the Democracy Program at the Brennan Center for Justice.

Suggested Citation: Lauren Miller Karalunas, How Elections Are Certified in Battleground States, Sᴛᴀᴛᴇ Cᴏᴜʀᴛ Rᴇᴘᴏʀᴛ(Oct. 16, 2024), https://statecourtreport.org/our-work/analysis-opinion/how-elections-are-certified-battleground-states