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In response, five Waynesboro voters filed their own lawsuit against the local officials, asking that the Circuit Court step in to protect their rights “under the Virginia constitution to have their votes counted and certified.”

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In their initial suit, the Waynesboro officials said there was “no way to ensure that the [voting] machine does not connect to the internet or present results inconsistent with the content of the ballot box.” They claimed in affidavits that, because they could not certify that “votes have been counted and apportioned correctly by voting machines,” they would “refuse to certify the 2024 election until such time as the legal regime permits for hand-counting ballots.”

Lilly and Mares are two of three Waynesboro election board members in a Republican-leaning city where the majority of votes went for Trump in 2020. Waynesboro is about 30 miles west of Charlottesville, Virginia.

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“This case is not primarily about machines or removing voters; it is primarily about whether my clients can verify an election’s integrity in good conscience and under their oath without making sure that the votes represented on the returns are true and accurate,” Ranieri said in the statement, adding that the officials would submit to what the court decides but that they would appeal any decisions they disagree with.

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During that election, officials in Wayne County, Michigan,briefly balkedat certifying the results in that jurisdiction, which includes the heavily Democratic Detroit, amid a relentless campaign by Trump to claim without proof that the election was rife with fraud. The officials eventually formalized the vote count.

“Certifying elections has not been an issue in the past. It has historically been a formality that marks the end of the vote-counting process,” Lauren Miller Karalunas, a senior counsel at the liberal-leaning Brennan Center for Justice at New York University’s law school, told 【 - Free Market Sentiment Analysis 】. “But in 2020, that changed when we saw refusals to certify the results after the election. This is an escalation of that, where we are seeing threats of refusal to certify an election even before the election has occurred.”

Elections since have featured similar, albeit less high-profile, local squabbles over certification. The refusal by Republican officials in Cochise County, Arizona, to certify the 2022 midterms by the legal deadline resulted in criminal charges, with one of the two charged officialsentering a guilty plea this weekin the case and the other set to face trial next month.

Fights over the certification of election results have already become a hallmark of the 2024 contest, with battleground Georgiacontending with a growing legal dramaover new state election rules that Democrats say could allow local officials to delay or decline altogether certification of this year’s results.

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