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As the 2024 election nears, misleading ads in swing states suggest officials can choose not to certify elections. These ads are linked to a non-profit associated with election deniers, raising concerns about potential election interference.
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As the 2024 election approached, advertisements began popping up in key swing states suggesting local officials had discretion not to certify elections.
The advertisements, reported at the time by ProPublica and Wisconsin Watch, were misleading. Certification is not optional, and officials are required to certify the vote once the proper process for any election challenges are complete and an official challenge is complete. The warnings, nonetheless, arrived at a moment when Donald Trump and allies seemed to be gearing up to contest the election results if he lost.
New documents reviewed by the Guardian show that the group behind the advertisements received financial support from a non-profit linked to prominent election deniers with ties to Trump. The same non-profit, the Foundation For Accountability Integrity & Research In Elections Fund (Fair Elections Fund), also paid influencers to promote an anti-voting bill in 2024.
Cleta Mitchell, a lawyer and longtime ally of Trump who assisted his efforts to overturn the 2020 race, and Heather Honey, a researcher known for misleading election analyses who now works in the Department of Homeland Security, are both listed as directors of the fund, which was incorporated in Delaware in 2023.
Honey’s appointment to an elections role at the DHS last year has caused considerable alarm among voting rights groups, who say it places an election denier in a powerful government role. Before she was in government, Honey produced misleading research that Trump has cited to undermine confidence in the 2020 election. She has falsely claimed, for example, that there were more votes in Pennsylvania in 2020 than there were voters.
Her appointment comes as Trump and his administration continue to sow doubt about the integrity of American elections, making baseless accusations of fraud without offering substantial evidence. There is still concern that Trump could deploy the powerful machinery of his justice department and other government resources to contest the result of the midterm elections this year.
Mitchell and Honey did not respond to a request for comment.
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The advertisements suggest that local officials have the discretion not to certify elections, which is false as certification is mandatory after proper challenges.
The ads are funded by a non-profit linked to election deniers and Donald Trump, specifically the Fair Elections Fund.
Heather Honey, a known election denier, is now in a powerful position at the Department of Homeland Security, raising concerns among voting rights groups.
Misleading claims are being perpetuated through research produced by individuals like Heather Honey, which Trump has cited to undermine confidence in the election results.

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The Democrats are considering messaging strategies and considering legal action amid fears that Donald Trump, or malign foreign actors, will try to influence the midterm elections.
Ten Democratic senators, including minority leader Chuck Schumer, met with the party’s top election officials last week to run through a series of extreme scenarios that could play out, Politico reported.
The war-gaming included how to respond tofederal agents at polling locations, ballot seizures in key battlegrounds and dealing with a foreign interference operation.
Schumer said:
double quotation markTrump has talked about stealing the election, violating the election, perverting the election, over and over again.
And woe be us, and woe be anyone who believes in free elections, who doesn’t take that seriously.
We are going to be prepared for anything that he throws at us.
This year’s midterms will serve as an example of how the president will wield the federal government’s power at cities and states in a crusade to ensure his party maintains power.
Experts warned on Tuesday that president Trump was “inventing fraud” in California’s primary elections, a narrative likely to ramp up unfounded allegations when more races go against him.
“California’s election is not the problem here,” said Omar Noureldin, senior vice-president of policy and litigation at Common Cause, a pro-democracy watchdog group.
“The problem is that we have a president in the Oval Office who continues to lie and sow doubt over elections instead of facing accountability from voters.”
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