On election night, the law must prevail

On election night, the law will prevail.

For generations, Americans’ right to vote — and to have their vote counted — has been a cornerstone of our democracy, transcending partisan politics and upheld by the rule of law. Equally important is the expectation that the presidential candidate who earns a simple majority or more of electoral votes will take office. This principle is nonnegotiable, no matter who wins.

This year, with turnout expected to reach record levels, our responsibility to the democratic process is paramount. Upholding our elections’ integrity is more than a civic duty — it’s a commitment to the constitutional principles that underpin our society and our legal system. In any close race across a country of this size, counting and verifying millions of ballots takes time. With elections largely managed at the local level, it’s essential that each official is able to fulfill their role with accuracy and without interference.

Regardless of the outcome, Americans across the political spectrum share a responsibility to support the peaceful transition of power. That means allowing election officials to do their jobs. These public servants, dedicated to following established procedures, are essential to a system that has withstood the test of time. This system ensures that every vote is counted and every result is certified with transparency and accuracy.

Disrupting the democratic process — by undermining or delaying vote counting, or by disregarding certification procedures — is not just undemocratic; it weakens America’s standing abroad. It is our commitment to the rule of law that has enabled the U.S. to lead on the world stage. Our credibility is grounded in our commitment to a rules-based order.

Efforts to undermine our electoral process threaten not only our democracy but also the rights of every citizen. Attempts to delay or interfere with certification are affronts to the democratic rights we rely on. Our laws define a clear timeline from ballot casting to congressional certification, ensuring each step is followed with integrity.

In 2022, Congress took significant steps to reinforce these processes. The bipartisan Electoral Count Reform Act requires each state to certify the result by Dec. 11, with an expedited process for judicial review in the event of a dispute ahead of the Electoral College meeting on Dec. 17. This timeline is essential to maintaining order and clarity in the process, protecting it from attempts to discredit lawful outcomes.

As we approach Election Day, we must remain vigilant and remember the importance of this legal framework. From now through the announcement of the winner, it is incumbent upon every American to stand firm in support of our election laws and those who enforce them. The world is watching, and our collective patience, steadiness and confidence in this process will reinforce the strength of our democracy.

This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners. Ty Cobb is a former federal prosecutor and Special White House Counsel in the Donald Trump administration.