In the United States, the administration of elections is primarily the responsibility of individual states. However, the federal government also plays a crucial role in enforcing federal laws and constitutional provisions that protect the right to vote. When county officials threaten to disenfranchise voters by refusing to certify election results in violation of federal law, there are several federal legal remedies available to address such abuses.
One of the key federal statutes that come into play in cases of certification abuse is the Voting Rights Act (VRA). Section 11(a) of the VRA prohibits any person acting under color of law from willfully failing or refusing to tabulate, count, and report the votes of qualified voters. This provision is directly relevant when county officials refuse to certify election results, as it safeguards the right of every eligible voter to have their vote counted.
Additionally, Section 12(c) of the VRA makes it a crime to conspire with others to violate the provisions of the VRA, including Section 11(a). This means that county officials who collude to prevent the certification of election results could face criminal charges under this statute.
In cases where county officials‘ actions go beyond mere refusal to certify and involve a conspiracy to deprive individuals of their constitutional rights, federal prosecutors may also invoke 18 U.S.C. § 241 and 18 U.S.C. § 242. These statutes target individuals who conspire to oppress or intimidate others in the exercise of their constitutional rights, including the right to vote. Under these provisions, it is a felony to conspire to injure or threaten an individual’s right to vote and a misdemeanor to willfully deprive someone of their voting rights under color of law.
Furthermore, county officials‘ refusal to certify election results may implicate other federal constitutional and statutory provisions, such as the First, Fourteenth, and Fifteenth Amendments, as well as section 101(a) of the Civil Rights Act of 1964. These laws protect against discriminatory practices that deny individuals the right to vote based on non-material errors or omissions in their voter qualifications.
In cases where states are unable or unwilling to address certification abuse at the county level, the U.S. Department of Justice has the authority to intervene and enforce federal laws that safeguard the integrity of the electoral process. By utilizing the federal legal remedies available, the government can ensure that every eligible voter’s voice is heard and that attempts to disenfranchise individuals are met with swift and decisive action.
