Some of the loopholes they exploited have been closed — for example, Congress updated the Electoral Count Act — but many remain. If any defeated candidate, were to deploy the same tactics in 2024, we would still be relying on the goodwill and law-abiding honesty of individual officials to ensure a smooth and lawful transition.
In anticipation of the 2024 election, Alice Clapman of the Brennan Center for Justice at NYU School of Law has written a new report, How States Can Prevent Election Subversion in 2024 and Beyond, to guide state legislatures and policymakers on how to shore up their electoral systems against the attacks of election deniers.
It spells out the five key steps every state should take to get ready for 2024:
they should clarify limits on the discretion of local officials certifying election results;
strengthen laws that channel election disputes to the state courts rather than the legislature or another body and set clear standards for resolving these disputes;
make a plan to send out accurate information to give voters confidence and preempt disinformation;
bolster election administration with training, written guidance, and investment in equipment, security, scenario planning, staffing, and supplies; and
enact, if they haven’t already, stronger laws against the intimidation of voters and election workers.
You can read the full report here.