Experts: Pro-Trump officials could face "severe" punishments if they refuse to certify election

Legal experts say they're more concerned about the role of state legislatures and the Supreme Court coming to Trump 's aid as he sows the kind of discord and doubt in the nation’s electoral processes that preceded the violence of the riot in the U.S. Capitol on Jan. 6, 2021 .

A watchdog group found 35 rogue election officials in eight states have refused to certify election results.

Berwick said reports of county election officials either delaying certification, or certain board members issuing minority votes to refuse to certify votes, have swirled since 2020 , increasing in 2022 and continuing in 2024 primaries.

Berwick pointed to the presence of Democratic secretaries of state in battlegrounds including Arizona , Nevada , North Carolina , Michigan and Wisconsin .

In Arizona , a judge in May tossed a lawsuit lodged by Republicans who wanted the court to throw out the secretary of state 's election.

Loyola Law School professor Justin Levitt says too many news stories are focusing on "scare hypotheticals that are never going to happen" Levitt said he expects the vast majority of counties will follow processes for checking voting machines, reconciling precinct counts, challenging individual voters and adjudicating those challenges.

Lessig outlined several scenarios that could provide favorable legal arguments for Trump .