This commentary is by James Douglas, who served as the 80th Vermont governor from 2003-2011.
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 Sept. 17, 1787.
I know this charge well, having led our state as governor. This year, the chief executives of all 50 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 to the way 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 Dec. 11 — or risk the disenfranchisement of all their states’ voters.
That’s why today, along with 17 other former Democratic and Republican governors, I am sending a letter to the sitting governors of all 50 states and the mayor of the District of Columbia reminding them of this responsibility and urging them to comply fully with the new law.
Until the 2022 reforms, made through the bipartisan Electoral Count Reform Act, 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.
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 Dec. 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 Nov. 5 and Dec. 11; they have the power to prevent chaos as well. This 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 abide 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 my ethos when I led our state and it must be every governor’s this year too.
Millions of Americans are now concentrating on what will happen on Nov. 5. 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.
Read the story on VTDigger here: James Douglas: Bipartisanship on Constitution Day.