Several states in the United States are currently sending strong signals to local officials who may illegally interfere with the November 5th election or refuse to certify the results: if they fail to fulfill their duties, they will face criminal charges or massive fines.
According to a report from Reuters on Friday, in seven battleground states, at least five states’ senior election and law enforcement officials have launched investigations, prosecutions, and even imprisonment against officials who interfere with voting or delay the certification of results. Certification is a necessary but primarily ceremonial step.
County officials have also been warned that if they do not timely certify the election results, local governments may be forced to foot the bill for unnecessary audits or recounts.
The intensified oversight of local election officials in these states aims to prevent baseless allegations of fraud and delays in certifying election results.
Since his defeat in the 2020 election, former President Trump has continuously believed that it was a result of election fraud. Four years later, officials from swing states such as Arizona, Michigan, Nevada, Pennsylvania, and Wisconsin, as well as the Democratic stronghold of Colorado, have become more skilled at dealing with those who overstep their authority.
Michigan Secretary of State Jocelyn Benson stated in an interview, “The law is clear, and we will not tolerate anyone for any reason not complying with the law. Challenging election results has its time and place. But the certification process is not one of them.”
Pennsylvania, being a key swing state, rejected a county official’s attempt to block the use of drop boxes in their district.
Romilda Crocamo, a Democrat appointed by a Republican-majority county council as the Luzerne County executive, canceled plans to deploy drop boxes citing security concerns in September. The Republican National Committee threatened to sue the county government if they could not guarantee the safety of the drop boxes. Shortly after, the county government reversed its decision.
State Attorney General Michelle Henry warned Crocamo in a letter on October 3 that only the county election commission could decide on deploying drop boxes according to state law. If Crocamo fails to abide by the rules, she could face misdemeanor charges, fines, and up to a year in jail.
Henry, a former Republican appointed by a Democratic governor, stated in an interview that her office will continue to enforce election laws.
“We are, of course, prepared,” she said. “If anyone fails to comply with regulations, we will investigate and there will be consequences… To uphold the integrity of the electoral process, we may take both criminal and civil actions.”
Crocamo’s lawyer, Mark Cedrone, stated that the threat of an RNC lawsuit did not influence her initial decision to reject the use of drop boxes. He mentioned that Crocamo was actually under the influence of activist groups who took action against the drop boxes, labeling the county government as “cheaters.” He added that Crocamo still harbors concerns over security issues.
In Wisconsin, the Criminal Division of the Department of Justice is investigating Mayor Doug Diny of Wausau for removing a locked drop box from outside the city hall in September. Diny, a nonpartisan conservative supported by Republicans, claimed at the time that he found the box placed by the city clerk to be insecure.
He dismissed a July ruling by the Wisconsin Supreme Court that allowed the city clerk to place drop boxes.
During a city council meeting earlier this month, he explained, “The Supreme Court interprets the law, that’s my logic, but the Supreme Court does not make laws, it doesn’t make state statutes, it doesn’t make ordinances.”
Josh Kaul, Wisconsin’s Democratic Attorney General, refused to comment on the investigation into Diny, stating that his office will enforce election laws.
“We expect election officials to comply with the law. But if we have concerns that things are not as they should be, we will take action,” Kaul said in an interview.
Three deputy clerks in St. Clair Shores are facing felony charges for allegedly allowing four residents to vote twice in the congressional and state primaries on August 6.
Michigan’s Democratic Attorney General Dana Nessel filed charges against the seven individuals with a maximum penalty of five years in prison.
Nessel said in a statement, “While those who seek to sow doubt about our electoral process frequently say otherwise, instances of double voting in Michigan are extremely rare. Even so, the fact that these four incidents occurred in a town of this size is a matter of significant concern.”
However, these charges have sparked opposition in St. Clair Shores.
Mayor Kip Walby, a nonpartisan, urged Nessel to drop the charges during a city council meeting, stating, “To me, this is not voter fraud.” He noted that three of the defendants were not clerks but rather “part-time seasonal election workers,” with two of them only working on the day of the election.
Nessel’s spokesperson, Kimberly Bush, accused the mayor of “playing to the crowd” by defending illegal activities and confirmed that the Attorney General will continue to address election infractions seriously.
Michigan authorities are taking different measures against officials who refuse to certify elections using the tighter state election laws implemented after 2020.
Two Republican officials in Cochise County, Arizona, are facing felony charges of interfering with the election, with court documents stating that they delayed the counting of votes in the 2022 election.
Despite being warned multiple times and missing the state deadline of November 28, Cochise County Supervisors Tom Crosby and Peggy Judd are accused of delaying the vote count, expressing doubts about the accuracy of the voting machines. Prosecutors claim that the delayed vote count interfered with the statewide tallying process.
Judd and Crosby are set to stand trial for felony charges next January, carrying a maximum sentence of 2 to 2.5 years in prison. They have pleaded not guilty.
Judd is expected to attend a court hearing next Monday that could alter the outcome.
In an interview in August, Judd expressed confidence in Cochise County’s 2024 election, saying, “I am very optimistic about this election and believe everything will proceed smoothly.”
Michigan Secretary of State Adrian Fontes and Attorney General Kris Mayes, both Democrats, have publicly stated that they will continue to enforce state election laws.
“We have made it clear to the clerks and chief justices of these jurisdictions how they should proceed in terms of procedures and speed,” Fontes said. “I do not anticipate any trickery.”
Nearly a year ago, Mayes warned a supervisor in Mohave County not to violate state law by instructing the local election committee to manually count the 2024 elections instead of using voting machines. In a letter, she indicated that the supervisor may be liable for the costs of unauthorized manual counting and face charges of either felony or misdemeanor.
In Nevada, the Secretary of State, the Attorney General, and district attorneys intervened to swiftly resolve a deadlock in certifying primary results in a county.
The Washoe County Commission voted 3-2 in July not to certify the results of the June primary recount, with some commissioners citing irregularities that warranted further investigation.
Secretary of State Francisco Aguilar of Nevada requested the state supreme court to compel the commissioners to certify, stating that their role in the election is only oversight and not to withhold results.
Republican member Mike Clark stated at a hearing on July 16 that he changed his vote “heavy-heartedly” as the Washoe County prosecutor and Nevada Attorney General’s office informed him that he must certify.
“I was told that if I did not certify this election, I could face criminal prosecution and removal from office,” Clark said.
Tina Peters, the former clerk of Mesa County, Colorado, was sentenced to nine years in prison this month for illegally altering voting machines in the 2020 election. She believes that the 2020 election was stolen from Trump, denies any wrongdoing, and insists that her actions were to help the people in her county.