Chuck DarwinPildes, the NYU professor, said that while he was concerned about efforts to block certification at the local level,
he was confident that state courts could resolve any disputes by the time the electors meet.
A new law, the 🔸Electoral Count Reform Act🔸, should provide a significant new layer of protection against election subversion.
The bipartisan bill passed Congress at the end of 2022.
The law makes it so that Trump and his allies cannot repeat what they did in 2020 and submit false slates of electors from key swing states.
Significantly, it says that the slate of electors submitted by a state’s executive is the legitimate slate and raises the threshold in both houses of Congress to object to the electoral result.
While the law controls what Congress must do once it receives certificates from electors,
it doesn’t have much to say about what must happen in the lead-up to the electoral college vote.
🔥That could leave a lot of wriggle room for Trump and allies to try to slow down certification and go to court to try to force states to miss their certification deadline.
After Donald Trump nearly succeeded in overturning the 2020 election, ❓is the US better prepared to stop a similar effort in 2024?❓
Lawyers and other activists say they are ready, having spent the last four years studying and understanding the vulnerabilities that Trump and allies targeted in 2020.
Any effort to block certification is likely to be swiftly challenged in courts,
where Trump has already been unsuccessful dozens of times.
The new Electoral Count Reform Act should offer additional safeguards should there be an effort such as there was in 2020 to get Congress to stop its certification of the vote
Yet it would be a mistake to dismiss the threat altogether.
The same pressure points that existed in 2020 exist in 2024,
and in some places election deniers have been elevated to positions of power.
“This has started earlier in the cycle and is louder and is more consistent,” said Morales-Doyle of the Brennan Center.
“That is all just at a different level than it was before 2020.”
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