By Michael Smith
What Happens If an Election Doesn’t Get Certified?
In the U.S., each state is responsible for certifying its election results. Normally, state officials—like secretaries of state or election boards—have the duty to certify results once the votes are counted and disputes resolved. But what if that doesn’t happen? In short, chaos.
The U.S. Constitution and federal law dictate that if states fail to certify results by mid-December, those results can be excluded from the Electoral College process. Without certified results, electors may not be assigned, and in extreme cases, the election could end up back in the U.S. House of Representatives or the Supreme Court.
House of Representatives: The 12th Amendment specifies that if no candidate secures a majority of Electoral College votes, the decision falls to the House, where each state delegation gets one vote. With partisan divisions in the House, this would undoubtedly lead to more chaos .
Supreme Court: The infamous 2000 Bush v. Gore case set a precedent where the Supreme Court had to step in and stop a recount, effectively deciding the election. If similar disputes arise, the Supreme Court may play a role, which brings uncertainty, especially with the current composition of the court .
The Threat of Project 2025
While we're already seeing concerning trends regarding election manipulation, it's important to spotlight Project 2025—a playbook developed by far-right think tanks aiming to reshape government should Trump or a similar candidate win the presidency. It outlines how a future administration could gut regulatory agencies, impose control over the civil service, and roll back voting rights under the guise of election reform .
If states like Georgia fail to certify results and the process descends into chaos, it would open the door for more extreme measures. Those aligned with Project 2025 would have the perfect environment to take control and dismantle democratic safeguards.
- Gutting Election Oversight: Project 2025 advocates for reducing federal oversight on state election laws, pushing more power to state legislatures, which may be dominated by partisan interests. In a chaotic environment where results are delayed or overturned, these legislatures could theoretically choose electors regardless of the popular vote .
- End of Federal Election Commission: Proposals to dissolve or weaken institutions like the FEC could lead to unchecked campaign financing and voter suppression tactics, all while Project 2025 supporters claim they’re streamlining democracy .
Why It Matters to All Americans
It's tempting to think these issues only concern battleground states like Georgia, Arizona, and Pennsylvania, but this fight is about the future of democracy in every state. When chaos is the goal, it undermines everyone’s vote—whether you're in a blue state, a red state, or somewhere in between.
We saw the terrifying potential of election chaos in 2020, when pressure campaigns on election officials almost overturned results. In some cases, these tactics were only thwarted by the courage of local officials. But with plans like Project 2025 looming, the stakes are higher than ever.
What You Can Do
The scenario we're discussing here isn't a distant possibility. These tactics are already in motion. Voter education and engagement remain the strongest tools against manipulation. Ensure you're registered, and make your voice heard in both local and national elections.
Moreover, stay informed about your state’s election laws, as they can change quickly. Support candidates and policies that advocate for strong election oversight and protection of voting rights.
The Price of Chaos
Chaos, in the context of elections, isn’t just about missing deadlines or recounting ballots. It’s about creating an environment where anti-democratic forces can reshape the country in their favor. When states don’t certify elections or when results are endlessly disputed, the door opens for those who want to dismantle democracy from within.
In 2024, the stakes couldn’t be higher. We have seen how easily chaos can create openings for destructive policies and power grabs, and we must be vigilant to ensure that democracy—flawed though it may be—remains intact.
Further Reading and Resources:
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