What happens when an official refuses to certify?
Courts can order refusing officials to certify, and defying that order brings penalties including contempt, fines, or imprisonment.
A court can order a refusing official to certify through mandamus, and defying that order can bring contempt penalties. Certification is a mandatory duty under state law. In 2022, courts in New Mexico and Arizona ordered refusing county boards to certify, and the boards complied.
Courts can compel certification
Under state mandamus law, courts can compel certification. Mandamus is a court order requiring government officials to perform public duties mandated by law. In Arizona it is available under A.R.S. 12-2021, and the Secretary of State, the Attorney General, affected candidates or voters may seek it. In Pennsylvania, it compels official performance of a ministerial act where there is a clear legal duty, and candidates, voters or the secretary of the commonwealth can file.
Mandamus requires a nondiscretionary ministerial duty, that mandamus be the only adequate remedy, and a clear legal right in the party bringing suit. Candidates and state officials can bring it, and in some states, including New Mexico, any voter can.
Penalties for defying a court order
A judge may hold an official who disobeys the order in contempt of court, with penalties including censure, fines or imprisonment. Some states add further consequences. In North Carolina, the State Board removed two Surry County board members on March 28, 2023 after they refused to certify, under N.C.G.S. 163-22(c).
In Arizona, an election officer who knowingly refuses to perform a duty required by election law is guilty of a class 6 felony under A.R.S. 16-1010. Federal law, 52 U.S.C. 10307(a), makes it unlawful for anyone acting under color of law to willfully fail or refuse to tabulate, count and report a lawful voter's vote.
Recent cases where courts stepped in
On June 15, 2022, the New Mexico Supreme Court, on the Secretary of State's petition, ordered the Otero County commission to certify its primary by June 17. On December 1, 2022, a Pima County Superior Court judge ruled from the bench and ordered the Cochise County, Arizona board to meet and certify by 5 p.m. that same day, and the board complied, NPR reported.
Why certification is mandatory
Certification is a mandatory duty under state law. In Pennsylvania, a county board's duty to certify is ministerial and allows no discretion, and under 25 P.S. 3154 the board must certify regardless of any fraudulent or erroneous returns presented to it. In Arizona, the Secretary of State must complete the statewide canvass by the third Monday after the election under A.R.S. 16-648(A).
Allegations of fraud or error are addressed through recounts, audits and post-certification election contests, not by an official refusing to certify.
More on how votes are counted and made official.
See all the questionsFrequently asked questions
Q. What happens if a governor, secretary of state, election board, or other state official refuses to certify the winning candidate?
A court can order a refusing official to certify through mandamus, and defying that order can bring contempt penalties. A judge may hold an official who disobeys the order in contempt of court, with penalties including censure, fines or imprisonment. In Arizona, an election officer who knowingly refuses to perform a duty required by election law is guilty of a class 6 felony under A.R.S. 16-1010.
Q. Can courts force election officials to certify an election if they refuse to do it?
Yes. Under state mandamus law, courts can compel certification, and in 2022 courts in New Mexico and Arizona ordered refusing county boards to certify. On June 15, 2022, the New Mexico Supreme Court, on the Secretary of State's petition, ordered the Otero County commission to certify its primary by June 17. On December 1, 2022, a Pima County Superior Court judge ordered the Cochise County, Arizona board to meet and certify by 5 p.m. that same day, and the board complied, NPR reported.
Q. What happens if a state or county refuses to certify an election even though the votes have been counted?
Certification is a mandatory duty under state law, and courts have ordered refusing counties to certify, as the New Mexico Supreme Court did with Otero County in 2022. When Otero County, New Mexico refused to certify its 2022 primary, the New Mexico Supreme Court on June 15, 2022 ordered the commission to certify by June 17 on the Secretary of State's petition. Allegations of fraud or error are addressed through recounts, audits and post-certification election contests, not by an official refusing to certify.
Sources
- 52 U.S.C. 10307(a), law.cornell.edu, https://www.law.cornell.edu/uscode/text/52/10307 · 2026-09-25
- Brennan Center, Arizona Election Certification Processes and Guardrails, brennancenter.org, https://www.brennancenter.org/our-work/research-reports/arizona-election-certification-processes-and-guardrails · 2026-09-26
- Brennan Center, Pennsylvania Election Certification Processes and Guardrails (25 P.S. 3154), https://www.brennancenter.org/our-work/research-reports/pennsylvania-election-certification-processes-and-guardrails · 2026-09-26