Pro-Trump local election officials may try to slow down the certification of election results in November based on unsubstantiated allegations of widespread voter fraud – but legal experts say those efforts alone won’t secure the White House for the former president.
Instead, legal experts say they’re more concerned about the role of state legislatures and the Trump-friendly Supreme Court coming to Trump's aid as he sows the kind of discord and doubt in the nation’s electoral processes that preceded the violence of the riot in the U.S. Capitol on Jan. 6, 2021.
Berwick said Trump and allies’ narratives about undocumented voters on the voter rolls will set the ground for their plan to fight the election results.
“We're likely to see mass challenges to voter eligibility,” he said. “We're likely to see more threats to election officials. We're likely to see post-election litigation based on some of these conspiracy theories. We're likely to see officials, some county, refusing to certify results.”
OTHER LEGAL CONCERNS
Lessig outlined several scenarios that could provide favorable legal arguments for Trump.
The 2022 electoral count reform law requires the governor of a state to certify the winner six days before the electors are to vote.
Lessig said hypothetically, a governor could certify that Trump is the winner “only because those other counties have not sent in their votes."
"That creates a real problem, because there's no mechanism on the Electoral Count Reform Act to recognize a recount,” he said.
Lessig said if that happens and Democratic presidential nominee Kamala Harris takes it to court, the legal battle could stretch until after the day electors are supposed to vote. “It could be that even if the Harris team should win, they can’t win,” Lessig said.
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. That's a sure fire winner for him.
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