The Conversation

If an election official or board refuses to certify an election, that refusal does not last long. After some refusals in recent years, election officials learned of the legal consequences for failing to perform their obligations, including being removed from office and facing criminal prosecution. Most officials quickly relented and ended up certifying. And none of the delays in certification ever lasted long enough to miss deadlines set by state law for certification.

If election officials still refuse to do their job, they can be sued in court. The secretary of state might sue to ensure officials complete the tasks required for election administration. Or a winning candidate might sue to ensure that he or she receives a certification of election.