Jim Blanchard, a Democrat, served as the 45th Governor of Michigan. Tom Corbett, a Republican, served as the 46th Governor of Pennsylvania. They are active with the nonpartisan civic-education organization Keep Our Republic.
Constitution Day reminds us of our obligation as citizens to protect and defend our democracy and the rule of law. This has been our sacred trust as Americans since that document was signed in Philadelphia on September 17, 1787, by George Washington, James Madison, Benjamin Franklin, and thirty-six others of that illustrious generation. It is also a reminder to those serving in high office of the enormous responsibility that accompanies the public’s trust.
We know that charge well, having led our states – Michigan and Pennsylvania – as governor. This year, the chief executives of all fifty states and the District of Columbia will have a new and crucial obligation under the law as they seek to uphold their duty to our Constitution. As a result of reforms enacted by Congress in 2022, the states must certify their presidential electoral votes. Every governor now sits at the pinnacle of that process. It falls to them, ultimately, to ensure that they deliver the all-important certificates of ascertainment to the National Archives (and, subsequently, to Congress) no later than December 11 – or risk the disenfranchisement of all voters in their states.
That’s why today, along with 17 other former Democratic and Republican governors, we are sending a letter to the sitting governors of all fifty states and the mayor of the District of Columbia reminding them of this responsibility and urging them to comply fully with the new law. We are encouraging other former Governors to join this bipartisan initiative.
Until the 2022 reforms, made through the bipartisan Electoral Count Reform Act (ECRA), Congress had largely left it up to each state to determine its own certification process and timeline. Many states placed final responsibility with the governor – but not all. The previous system risked delays, partisan obstruction, and challenges once Congress convened to tally electoral votes. Four years ago, we watched with concern as one of the presidential candidates called governors in two states and asked them, improperly, to refuse or postpone certification of electoral votes. After subsequent, baseless challenges to some states’ electoral-vote certificates on January 6, 2021, and the violent assault on the Capitol that day, lawmakers from both parties recognized the urgent need to fix the system and remove ambiguities.
Now, as a result of the ECRA, the process and timeline for certification in every state is clear. Federal law now assigns final authority over delivering completed certificates of ascertainment to governors. This means that governors must, by law, deliver signed certificates of ascertainment no later than December 11 this year. Furthermore, the ECRA expedites the adjudication of legal challenges to a governor’s certification and requires they be based only on state laws in place before Election Day, not ones hastily enacted by a legislature after votes have already been cast.
Governors not only have a central role in ensuring a smooth and legally sound process between November 5 and December 11; they have the power to prevent chaos as well. Our bipartisan letter urges governors to agree publicly in advance that they will uphold their duty under law and adhere to the process and timeline the ECRA prescribes. Putting governors on the record that they will not allow efforts to delay or obstruct the process is critical. Indeed, while governors bear the ultimate responsibility, many state and local officials – including partisan officeholders fervently supporting one presidential candidate or another – will also play a role in ensuring a smooth and legal electoral-count and certification process and need be reminded of the ECRA’s new guardrails in place. “While there is much to debate on the campaign trail,” our letter reads, “we expect all candidates and the American people will agree that this time-honored process during our post-election period is not open for debate. It is simply a ministerial and administrative duty.” That was our ethos when we led our states during presidential elections, and it must be every governor’s this year too.
Millions of Americans are now concentrating on what will happen Election Day. It is essential, however, that those tasked with ensuring that Americans’ votes are respected keep their focus on the days and weeks that follow Election Day. Our Constitution demands that attention. It requires all who serve the public trust perform their duty under the law. Now, thanks to the ECRA, the law is clear; so is the responsibility of our nation’s governors to make certain every vote counts and every electoral vote is properly certified.
Jim Blanchard, a Democrat, served as the 45th Governor of Michigan. Tom Corbett, a Republican, served as the 46th Governor of Pennsylvania. They are active with the nonpartisan civic-education organization Keep Our Republic.
