Two US battleground states vulnerable to post-election chaos

WASHINGTON: Pennsylvania and Wisconsin, two states seen as must-wins in the Nov 5 presidential election, have failed to adopt electoral reforms intended to avoid a repeat of the chaos that followed Republican Donald Trump’s attempts to overturn his 2020 defeat.

Democratic Vice President Kamala Harris and former president Trump are locked in a tight contest in those two states, public opinion polls show. They are the heart of the “Blue Wall” states of America’s former industrial heartland that are likely to play a critical role in either candidate’s path to victory.

Their failure to embrace a 2022 federal law could attract the post-election attention of Trump and his Republican allies. The rhetoric has stirred worries among democracy advocates, lawmakers and legal experts who say the Republican presidential candidate and his supporters could try again to overturn an election loss, this time with a more coherent effort and a strategy aimed at just one or two states.

“Anybody, not just Democrats, but anybody, should be worried that this is going to happen again with even more chaos and violence than happened in 2020 and 2021,” Democratic former US House Majority Leader Dick Gephardt said.

The reforms set a new mandatory Dec 11 deadline for states to submit certified slates of presidential electors to the Archivist of the United States, provided expedited court access to resolve challenges and raised the threshold for objecting to election results in Congress.

Other states expected to play a deciding role in the election have passed legislation to ensure that canvasses, recounts, audits and legal challenges are completed before the new deadline. Arizona, Michigan, Nevada and North Carolina acted after Congress, while Georgia acted before.

Pennsylvania and Wisconsin, however, have made no such adjustments, leaving their electoral systems — and a potentially decisive 29 of the 538 Electoral College votes — vulnerable to partisan lawsuits and political pressures that could force them to miss the certification deadline.

‘Deadline Risks’

Advocates fear a missed certification deadline could present a hurdle for presidential electors to cast their votes by the Dec 17 federal deadline, add grist to political claims of a faulty election system and raise the possibility of a state’s election results getting rejected by Congress.

“It is a problem,” said Rex VanMiddlesworth, an attorney focused on threats to American democracy. “States can mess this up so badly that their votes aren’t counted, or states could deliberately want to screw it up so badly that their votes aren’t counted.” Other democracy advocates see a limited danger, given that the Democratic governors of Pennsylvania and Wisconsin are unlikely to hold up certification and that reforms provide expedited court access if the deadline is missed.

“That should be a pretty good assurance that the process has been completed fairly and accurately,” said Adav Noti, executive director of the Washington-based Campaign Legal Centre.

Legal experts say the greatest danger would be a contested election that hangs on the outcome of a single state, especially with a narrow margin of victory. “The closer it is, you know, the more pressure is going to come to bear,” said Derek Muller, a Notre Dame University law professor who advised the Senate on drafting the 2022 legislation.

Published in Dawn, August 6th, 2024