Pillars Updates

Ben Ginsberg on WBUR: The looming legal battle after Election Day

Monday November 4, 2024 · 10:22 AM
As Election Day approaches, Ben Ginsberg, co-chair of Pillars of the Community, joined WBUR’s On Point to discuss election integrity, security, and the organization’s efforts to build public trust in the electoral process. Drawing on his 40 years of experience in election law—including his audit of the Trump campaign’s 64 legal challenges following the 2020 election—Ginsberg reassured voters of the process’s safety, security, and accuracy. He highlighted the dedication of local election officials to maintaining accuracy, transparency, and security. Here are some highlights from Ginsberg’s discussion:

Ginsberg noted that “it’s been a feature of Donald Trump’s campaigns in the past to denigrate the election system. Part of the difficulty with that is that without evidence, it runs down a fundamental institution of the United States. And when our elections go under challenge, that makes it much harder for whoever wins the election to be able to govern.”

Ginsberg warned that Donald Trump’s attempts to sow doubt in the 2024 election process “seem to be designed to set up a post-election challenge, much like 2020. But what’s interesting, and as she pointed out, there’s not been any evidence introduced in any of those cases. Just like in 2020, in all 64 court cases that Trump filed, there was no evidence produced that showed systemic widespread spread fraud. And so we’ve seen this picture before. We’ve seen this show, and the lack of evidence, will come face to face with the reality post-election, if these cases are filed.”

Ginsberg warned voters that “another crucial series of dates that you have to remember is the state certification of its results. And each state is different, but for the seven battleground states, it’s between November 26th and December 2nd.  And each one of the states needs to tally up and have its certifications final so that they can move to December 11th and that certificate of ascertainment for the presidential race.” Ginsberg assuaged fears of non-certification, remarking “And of course, officials refusing to certify is a questionable strategy. It’s not worked in any instance. It’s mandatory in each of the 50 state laws that local officials and state officials do certify, there are some people who refuse to certify who are facing criminal indictment.”