Who Certifies the Election?

June 26, 2023

Election certification is an essential issue in corporate governance, organizational voting, and shareholder votes. Votes can be held anytime, but they are only binding once the votes and the election have been certified. 

Mail-in ballots have become a hot topic in election certifications due to the United States election of 2020. However, it should be noted that almost no fraud was found after extensive investigation. 

How Is an Election Certifier Chosen?

An organization will typically appoint a person or team to certify an election in accordance with the organization's bylaws and rules. In smaller organizations, the board of directors may choose to certify an election or appoint an individual to certify the results.  

In larger entities, especially large, publicly-traded corporations, elections may be certified by an independent third party to help establish transparency and trust in the voting. These third parties are typically professionals in elections and have several methods for observing elections and certifying results. 

For even greater transparency, end-to-end voter verification systems may be used so that both the voter and the election certifier receive verification of votes cast. This helps prevent votes from being changed after they are cast.

How Are Elections Certified?

While the process varies from organization to organization, certification typically follows the same process. 

Votes Versus Number of Voters

The election certifier or certifying third party counts the number of votes to ensure they do not exceed the number of eligible voters. If inconsistencies are found, they are investigated. Typically, few false votes are found, and there is a reasonable explanation for the discrepancy.

Vote Validity

The election certifier needs to ensure that each vote is valid. This includes ensuring ballots have signatures, voters who voted were eligible, and voting deadlines were met. Any votes found to be invalid will be excluded from the final count. 

Count, Report, Certify

The vote counting typically takes place as part of the process mentioned above. The votes are counted as they are verified. Once all valid votes have been counted and no serious or disqualifying irregularities have been found, the election certifier will submit a report to the governing body.

This report includes the number of votes received for each candidate and a list of any votes disqualified or considered invalid. Once the report is complete, the certifier may certify the election or submit the report to the board of directors for final approval. 

In some cases, an organization may wish to have a second election certifier—typically a third party—examine the votes again to ensure the accuracy of the first certification. 

Is a Proxy Manager the Same as an Election Certifier?

These terms are often confused. A proxy manager is appointed by an organization to run an election or organizational or shareholder vote. They will typically be responsible for sending out ballots and informational materials and organizing the voting process. They may also be tasked with receiving and counting the votes as they are received. 

However, proxy managers are incapable of certifying an election unless authorized and appointed to do so by the board of directors. They may, however, assist the election certifier by answering any questions that may arise and providing any documentation requested. 

Wrapping Up

Once a campaign is over and a vote is held, it may seem like the hard part is done. However, a trained individual must complete the final step and ensure each vote is proper and legitimate.

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