Refusing to certify legitimate votes is a felony (Detroit Free Press op-ed by 2 former DOJ officials

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https://www.freep.com/story/opinion/contributors/2020/11/23/michigan-canvassers-who-could-face-felony-charges/6388235002/

The people have spoken. They delivered Joe Biden a decisive electoral victory, including a 150,000-vote margin in Michigan. Yet Republican Party officials have asked the Michigan Board of State Canvassers to delay certification on Monday. These calls follow last week’s tumultuous Wayne County meeting where, after improper interference by a candidate, Republican appointees tried to recant their decision to certify.

This is unduly chaotic, but we shouldn’t bet against democracy. A canvassing board may not legally refuse to certify an election where no legitimate evidence undermines valid ballots. Michigan courts have repeatedly rejected wild claims of election fraud or improprieties as “incorrect and not credible.” The votes, at this point, speak for themselves. Should a member of the state canvassing board seek to misuse their authority, that obstruction won’t actually deliver a different result. First, understand what state canvassers do: certification just involves adding county tallies and declaring a winner. Michigan law provides a separate space to review the election process — a post-election audit, which does not delay or stop certification. The canvassers have one job. State courts can step in to make sure it gets done. Canvassers failing to do their duty may delay the inevitable for a moment — but not much more than that.

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And then there’s federal law, backed by criminal penalties. Any refusal to certify an election based on meritless innuendo would likely violate the Voting Rights Act of 1965. Section 11(a) makes it illegal to “willfully fail or refuse to tabulate, count, and report” lawful votes.

It’s as simple as it sounds. It’s a felony. And that may help explain why you’ve rarely heard of officials refusing to certify an election.

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Found this thanks to a tweet from Ryan Goodman of Just Security, which was retweeted by Jennifer Rubin. Goodman said the media should cover the certification as a potential criminal conspiracy to overturn an election:

Link to tweet

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