From Sam Levine at the Guardian:

There wasn’t anything particularly controversial about Georgia’s presidential primary in March this year. Donald Trump won the Republican contest – picking up a little more than 400,000 more votes than Nikki Haley, who had long dropped out of the race.

Nonetheless, two Republicans on the five-person Fulton county election board refused to certify the election.

Julie Adams and Michael Heekin didn’t point to specific irregularities. Instead, they said they needed more information from election administrators, like chain-of-custody documents for ballots. Adams and Heekin were outvoted.

But it didn’t end there. In May, Adams, who is a part of an election activist network founded by Cleta Mitchell, voted against certifying another Georgia primary election. Again, despite no irregularities, she said she needed more information. With the backing of a group closely aligned with Donald Trump, Adams had also recently sued the Fulton county board, asking a judge to declare that she and other commissioners could choose not to certify the election.

It was an unusual request – verification of ballot totals happens in the extensive process that leads up to certification and state laws generally do not permit those responsible for certifying them the discretion to investigate.

In early August, the Republican-controlled state election board in Georgia adopted a new rule that essentially gave Adams what she wanted. It requires local election board members to conduct an undefined “reasonable inquiry” into any discrepancies before they can certify the election. There are concerns that officials could use that discretion to hold up certification of the election.

Any effort to challenge the election results will probably start at the local level.

Just as there was in 2020, there’s likely to be a period of uncertainty after election day when votes are still being counted in key swing states. Two of those, Wisconsin and Pennsylvania, still do not allow election officials to begin to process mail-in ballots until election day.

“I’m definitely concerned that you’re gonna have a lot of efforts to disturb the process of counting those votes, if we go into the late evening, early hours of the next day and all of that,” said Richard Pildes, a professor at New York University who specializes in election law.

Since 2020, there have been at least 20 instances in eight states of election officials refusing to certify election results.

The first red flag came in 2022, when county commissioners in Otero county, New Mexico, refused to certify the results of a primary election, citing vague concerns about voting equipment. The secretary of state eventually went to court to force the commissioners to certify the election.

In July of this year, two Republicans on the county commission in Washoe county, Nevada – a key county in a battleground state – refused to certify its primary vote, setting off alarms. The commissioners who refused to certify eventually reversed themselves. Nevada’s secretary of state, Cisco Aguilar, has since asked the state supreme court to clarify that county commissioners have an obligation to certify votes….

Sometimes election officials who refuse to certify have pointed to mistakes that happened during the election, even though they did not affect the outcome. In other cases, like Adams’s in Georgia, officials have refused to certify to protest about what they view as unfair laws.

While courts would probably force recalcitrant officials to certify the vote, significant damage could still be caused.

“You can force certification through legal mechanisms, [but] those events tend to be like rocket fuel for conspiracy theories and misinformation and undermining confidence in the election. So there’s damage done even where certification is eventually forced,” said Berwick, the Protect Democracy lawyer.

The timeline for certifying the vote is important because, under federal law, states must have an official election result by 11 December, six days before the electoral college meets. Delaying certification efforts at the local level could put states at risk of missing that deadline.