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First presidential election since January 6 attack will test Congress’ new safeguards
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First presidential election since January 6 attack will test Congress’ new safeguards

WASHINGTON (AP) – This presidential electionthe first since January 6, 2021, insurrection at the Capitolwill be a stress test of the new systems and safeguards that Congress has put in place to ensure America’s long tradition of peaceful transfer of presidential power.

As a Republican Donald Trump and democrat Kamala Harris race to the finish, democracy advocates and elected officials prepare for a volatile period in the aftermath of Election Day, as lawsuits are filed, bad actors spread disinformation and voters are waiting for Congress to confirm the results.

“One of the unusual features of this election is that much of the potential danger and many of the attacks on the election system are focused on the post-election period,” said Wendy Weiser, vice president for the election. democracy at the nonpartisan Brennan Center. for Justice.

After the Jan. 6 attack, Congress moved to shore up the process and prevent a repeat of that unprecedented period when Trump, joined by some Republican Party allies in Congress, refused to concede defeat to the president. Joe Biden. Trump spent months pushing through dozens of failed court cases before sending his supporters to the U.S. Capitol, where they disrupted the electoral count with a bloody riot. He faces a federal indictment for the project, which included lists of fake voters from states falsely claiming he had won.

While the new Electoral Count Reform Act approved by Congress clarified post-election processes – to more quickly resolve legal challenges and reinforce that the vice president does not have the ability to change the outcome of the January 6 election – the new law is by no means ironclad.

Much depends on the people involved, from the winners and losers of the presidential election to the elected leaders of Congress and voters across America who place their trust in the democratic system that has existed for more than 200 years.

Voters worry about post-election conflicts

A Associated Press-NORC Center for Public Affairs Research poll found that American voters are heading into the election with deep unease about what might come next.

Dick Gephardt, the former House leader, now serves on the board of the nonpartisan organization Keep our Republic, which works to provide civic education about the process in the presidential battleground state of Michigan , Wisconsin and Pennsylvania.

“We are concerned about one thing and one thing only: Can Americans still have valid confidence in elections and can we consistently have a peaceful transfer of power in all offices, including the presidency? Gephardt said during a briefing earlier this month.

“January 6, 2021 was really a wake-up call, I think, for all of us,” he said.

It’s not just the onslaught of legal challenges that worries Democratic groups, since dozens of complaints have already been filed by Republicans and Democrats even before Election Day. They say the large number of cases is likely to sow doubt. the election count and give rise to disinformation, both domestic and foreign, as happened in 2020 when Trump’s legal team deployed distant theories that turned out to be wildly inaccurate.

As Trump races to retake the White House, he’s already setting the stage for an election he says is “too important to rig.” The Republican National Committee has made legal strategy a cornerstone of its Election Integrity Program.

Trump is supported by Republicans on Capitol Hill, including the Speaker of the House of Representatives Mike Johnsonwho adopted similar language, saying he would only accept the results if the elections were free and fair.

“We’re going to have a peaceful transition of power,” Johnson, who led one of Trump’s 2020 legal challenges, said on CBS. “I believe President Trump will win and this will be taken care of.”

A specific line of attack from House Republicans has been to suggest that there will be illegal non-citizen voting, even if there is. a crime to do so, and state and federal reviews found it to be extremelyrare. Johnson pointed to past House elections, including the 2020 Iowa election that was won by six votes, to reinforce his concerns.

Rep. Joseph Morelle of New York, the top Democrat on the House Administration Committee, said Johnson is “saying the silent part out loud,” signaling how Republicans could challenge the outcome.

It “bothers me,” he said.

What happens between the election and the inauguration?

At the Brennan Center, they ran war game-style scenarios about what might happen after the election, at a time when state election officials are facing a resurgence conspiracy theories and misinformation on the vote.

Built into the process are a series of deadlines between Election Day, Nov. 5, and Inauguration Day, Jan. 20, once routine steps that now constitute important milestones that can be met — or missed.

States are required to certify their electors by Dec. 11 ahead of a meeting of the Electoral College, which this year is set for Dec. 17.

The new Congress will meet on January 3 to elect a House speaker and swear in lawmakers. Then, on January 6, Congress holds a joint session to accept the states’ electoral counts – a typically ceremonial session presided over by the vice president.

To strengthen the process in the wake of the Jan. 6 attack, the Electoral Count Reform Act instituted several changes intended to shore up the process and ensure that disputes are resolved before Congress meets. Legal challenges to results should be resolved more quickly, under an expedited timeline for judicial review, all the way to the Supreme Court, if necessary. If a the county refuses to certify its results, as some did in the 2022 midterm elections, the governor has more power to certify the state’s tally.

As of Jan. 6, the law now requires 20 percent of members of the House and Senate to challenge a state’s electors to force a vote on rejection, rather than a threshold of just one member from each chamber.

Rep. Zoe Lofgren, Democrat of California, who had been a key architect of the new law along with Republican Sen. Susan Collins, Republican of Maine, said they had done “our best” to protect the process.

“You know people have a right, if they have a problem with the election, to go to court and be heard,” Lofgren said. “The fact is, once it’s over, it’s over.”