The 2024 Election Strategy: Legal Maneuvers, Partisan Pressures, and the Role of Vice President Kamala Harris in Electoral Certification

The current political landscape is deeply polarized, and the legal proceedings involving Donald Trump have highlighted the intersection between law, policy, and partisan strategy. To break down the potential legal approach that Democrats and the Biden administration might pursue surrounding Trump and the 2024 election, let’s look at the situation in phases: pre-election, election day, and post-election, culminating in the vice president’s role in certifying electoral votes.


1. Pre-Election Legal Strategy


• Criminal and Civil Cases: Donald Trump is facing multiple criminal and civil cases across various jurisdictions. Some cases are state-level (like those in New York and Georgia), while others are federal. The strategy behind these cases could be seen as an attempt to establish legal grounds that might disqualify Trump from holding office under certain interpretations of the law, specifically Section 3 of the 14th Amendment. This section bars anyone who has “engaged in insurrection or rebellion” against the U.S. from holding office, though its application is controversial and untested in this context.

• Media and Public Perception: The consistent media coverage of these cases also plays a role in shaping public perception, potentially weakening Trump’s standing with undecided voters. Democrats may leverage this to frame Trump as not just a former president but as someone embroiled in continuous legal and ethical controversies.

• Challenges to Candidacy: Several Democratic-aligned groups and state officials have already initiated lawsuits or petitions to try to block Trump from appearing on state ballots based on the 14th Amendment. The outcomes of these cases will likely reach the Supreme Court, setting a significant precedent on eligibility and qualification for federal office.


2. Election Day Maneuvering


• Election Interference Concerns: Given that Trump and his allies have raised concerns about election security in the past, Democrats may anticipate that he will contest any adverse results. In response, they may already be planning preemptive legal strategies, including ensuring state election laws are rigorously enforced to prevent claims of widespread fraud or irregularities.

• Legal Preparedness: Democrats could mobilize legal teams nationwide to respond rapidly to any disputes in swing states. This preparedness would aim to counter any legal actions from Trump’s team challenging ballot counts, mail-in ballots, or other voting procedures. Legal teams would also likely focus on defending election integrity in court, aiming for swift resolutions to minimize delays in the vote count.


3. Post-Election Challenges and Certifications


• Contested Results and Litigation: If the election results are close, Trump’s team might file lawsuits to contest specific vote counts or certification in crucial states. Democrats would be prepared to counter these challenges in state and federal courts, seeking rulings that uphold the certified results and prevent prolonged litigation.

• State-Level Disputes and Certification: The Biden administration and Democratic officials may work with Democratic-controlled states to ensure that certified results are resistant to legal objections. This could include clear adherence to existing election laws and documentation to prevent any grounds for federal-level intervention or dispute by Trump’s team.


4. Role of Congress and Vice President Kamala Harris in the Electoral Count


• Procedural Authority in Counting Votes: According to the 12th Amendment and the Electoral Count Act of 1887, the vice president presides over the counting of electoral votes. However, their role is largely ceremonial—they announce the votes but do not have the authority to alter them. Kamala Harris will preside over this process if she is still vice president, and this could become a point of contention if the election results are disputed.

• Congressional Objections: Members of Congress may raise objections to certain states’ electoral votes, but both chambers must agree for any objection to hold. Democrats, holding a majority or influence in either chamber, would likely counter any objections raised by Trump’s allies, reinforcing the certified results from states.

• Legal and Constitutional Precedents: Democrats might rely on precedents from past elections, particularly the 2020 certification process, to assert that the vice president cannot unilaterally change the outcome. This argument would aim to shut down any moves from Trump’s side that might suggest Kamala Harris could wield influence over the result in her ceremonial role.


Conclusion: Balancing Law, Policy, and Partisanship


The Democrats’ strategy appears to hinge on legal rigor, procedural adherence, and public messaging to uphold the electoral process in 2024. They likely view these steps as essential to prevent what they may see as an attempt to undermine democracy. Simultaneously, they would focus on countering any maneuvers from Trump’s camp that could destabilize the election outcome.


The involvement of Kamala Harris in her role as vice president—presiding over the certification of electoral votes—will undoubtedly be symbolic and scrutinized. Her actions, however ceremonial, will likely be amplified in the media and by both parties as a representation of the election’s outcome. For the Democrats, the goal will be to ensure that her role remains procedurally sound and free from any appearance of interference, aiming to uphold constitutional norms even amid intense partisan divisions.

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