Election 2024: A Crucial Test for Democracy in the Wake of January 6
As the nation gears up for the 2024 presidential election, the shadow of the January 6, 2021, Capitol insurrection looms large. This election marks a pivotal moment for American democracy, serving as a stress test for the new systems and safeguards Congress has implemented to ensure a peaceful transfer of power. With Republican Donald Trump and Democrat Kamala Harris vying for the presidency, concerns about post-election turmoil are at an all-time high.
Wendy Weiser, vice president for democracy at the Brennan Center for Justice, highlights a unique aspect of this election: “So much of the potential danger and so many of the attacks on the election system are focused on the post-election period.” This sentiment resonates with many as the nation braces for potential legal challenges, misinformation campaigns, and the uncertainty of Congress affirming the election results.
In the aftermath of the January 6 attack, Congress took significant steps to fortify the electoral process. The newly passed Electoral Count Reform Act aims to clarify post-election procedures, ensuring that legal challenges are resolved swiftly and reinforcing that the vice president has no power to alter the election outcome. However, experts caution that these measures are not foolproof and depend heavily on the actions of political leaders and the trust of voters.
Polling data from The Associated Press-NORC Center for Public Affairs Research reveals a palpable unease among American voters regarding the election’s aftermath. Dick Gephardt, former House leader and member of the nonpartisan organization Keep Our Republic, emphasizes the importance of maintaining public trust in elections. “Jan. 6 in 2021 was really a wake-up call for all of us,” he remarked, underscoring the need for civic education in battleground states like Michigan, Wisconsin, and Pennsylvania.
The potential for legal challenges is already evident, with numerous cases filed by both parties even before Election Day. Democracy advocates warn that the sheer volume of litigation could sow doubt in the electoral process, reminiscent of the disinformation campaigns that plagued the 2020 election. Trump, seeking to reclaim the White House, has begun laying the groundwork for contesting the election results, claiming he wants to make the election “too big to rig.”
House Speaker Mike Johnson has echoed Trump’s sentiments, stating he would only accept the election results if they are deemed free and fair. This rhetoric raises alarms among Democrats, with Rep. Joseph Morelle of New York expressing concern over the implications of such statements. “Johnson is saying the quiet part out loud,” he noted, suggesting a strategy for potential challenges to the election outcome.
As Election Day approaches, the timeline between the election and Inauguration Day becomes critical. States must certify their electors by December 11, followed by the Electoral College meeting on December 17. The new Congress will convene on January 3, leading to a joint session on January 6 to accept the electoral count—a process that is now more fortified against potential disruptions.
The Electoral Count Reform Act has instituted several changes to ensure disputes are resolved before Congress meets. Legal challenges are to be expedited, and governors have increased authority to certify election results if counties refuse. Additionally, the threshold for challenging a state’s electors has been raised, requiring support from 20% of both the House and Senate.
Rep. Zoe Lofgren, D-Calif., emphasizes the importance of respecting the judicial process: “People have a right, if they have a problem with the election, to go to court and be heard. The thing is, once that’s over, it’s over.”
As the nation prepares for what could be a tumultuous election season, the stakes for American democracy have never been higher. The outcome will not only determine the next president but also test the resilience of the democratic principles that have guided the nation for over two centuries.
