WASHINGTON ‒ With nearly half of Republican voters and about a quarter of Democrats skeptical about the fairness of next month’s presidential election, YSL News sought clarity on where the future members of Congress stand on this critical issue.

We reached out to all 382 House members and 91 Senators who are either seeking re-election or will remain in office as of January, asking them if they would support the 2024 presidential election results, regardless of who wins. (The lawmakers not surveyed either lost in their primaries, are running for different offices, or are retiring.)

Additionally, we surveyed 747 candidates on this year’s House and Senate ballots. Unfortunately, we couldn’t locate contact details for 23 more candidates.

Among those who unequivocally stated they would back the election outcome, no matter if Republican Donald Trump or Democrat Kamala Harris is the declared winner, are:

• 114 currently serving House members, including 14 Republicans and 100 Democrats;
• 26 sitting Senators, composed of 2 Republicans and 24 Democrats;
• 228 candidates running for House and Senate, comprising 126 Democrats, 43 Republicans, and 59 third-party candidates.

Following the 2020 presidential election, when former President Donald Trump refused to accept his defeat to President Joe Biden, he attempted to persuade congressional members to dispute the electoral votes from several states.

Traditionally, Congress merely observes the tallying of the electoral votes. Under the Electoral Count Act of 1887, only one member from either the House or Senate is required to lodge a written objection to the electors.

On January 6, 2021, after the Capitol was cleared of rioters, 139 House Republicans and 8 Senate Republicans objected to the electoral votes from Pennsylvania and Arizona, attempting to keep Trump in power.

All Democrats in both chambers accepted the results of the 2020 election. Numerous recounts, audits, and reviews have confirmed the legitimacy of the election outcome, and Trump himself has acknowledged losing to Biden, albeit by a narrow margin.

Subsequently, Congress updated the Electoral Count Reform Act, enhancing the 1887 legislation so it now requires objections to be endorsed by at least one-fifth of both House and Senate members.

The Congress elected this year will take office on January 3, 2025, and will oversee the counting of the electoral votes three days later. The key question remains whether they will endorse the election outcomes and accept the declared winner.

Ceremony turned contentious

This once largely ceremonial act has become highly politicized. A Republican member of Congress who previously spoke passionately about the need to uphold election outcomes is now hesitant to commit to this stance.

“Congress cannot override millions of votes certified by those states. It threatens our federalist structure and would empower those aiming to abolish the Electoral College,” Congresswoman Victoria Spartz from Indiana remarked in 2021.

However, when approached by YSL News recently, Spartz, who faced eight Republican primary challengers, stated: “This question cannot be resolved at this time, as we do not know the events of November and the circumstances then.”

Perceptions of fairness vary

A dozen current House members and four Senators expressed they would only certify the election results if they personally deem the results to be “fair,” a term they interpreted in different manners.

“We must adhere to what the laws dictate and what the Constitution outlines,” said Senator Josh Hawley, a Republican from Missouri.

“As long as everyone complies with state election laws, I have no objections,” remarked Byron Donalds, a Republican Congressman whose region includes portions of Southwest Florida, notably Fort Myers and Naples. Donalds had voted against the certification in 2021.

Interestingly, two Republican senators who supported the 2020 election results have also imposed certain conditions on accepting the results this year.

Senator Bill Cassidy from Louisiana indicated that he would prefer to await the conclusion of the appeals process before endorsing any results.

Susan Collins from Maine stated she would endorse the results as long as she is convinced “the election was executed fairly.” Collins was pivotal in promoting the Electoral Count Reform Act, aiming to prevent another Jan. 6 incident.

Among the Democratic lawmakers, Rep. Frederica Wilson from Florida was among seven legislators who raised concerns regarding election integrity.

“Under normal conditions, I would fully endorse and certify the election results without any reservations,” she expressed to YSL News.

Despite this, she and some other Democrats were troubled by recent decisions to utilize hand-counting of ballots in Georgia, fearing it could lead to procedural abuses. Although a Georgia judge intervened on this matter after YSL News conducted the interviews, Republicans are appealing that decision.

Nevertheless, Wilson affirmed, “If any lawsuits arise, once the U.S. Justice Department completes its legal review of the election processes, I will accept and certify the election results, irrespective of the outcome.”

Lack of Responses and Indecisiveness

A group of thirty legislators and candidates acknowledged YSL News’s inquiry but were unable to provide a clear answer.

“How can I promise anything with an election that has yet to occur?” stated Rep. Lauren Boebert, a Republican from Colorado, expressing that her doubts regarding the results remain unchanged since 2020, when she also refrained from certifying.

Republican hopeful Randall Arrington, currently campaigning in Louisiana, mentioned that he couldn’t commit firmly in either direction but would decide based on his “logical evaluation of the election process and any potential voter fraud incidents.”

Additionally, numerous House and Senate members opted not to respond at all, which included 201 Republicans, 100 Democrats, and 2 independents.

Among these, Republican Senator JD Vance of Ohio, who is allied with Trump, avoided commenting on whether he would contest this year’s election results during the recent vice presidential debate. However, during a campaign event in Pennsylvania last Thursday, Vance asserted that Trump did not lose the 2020 election “in the terms I would use.”

House Speaker Mike Johnson did not respond to YSL News’s request for his opinion, yet he mentioned in a press briefing last month that he intends to adhere to the Constitution if the election is conducted fairly, safely, and freely. Johnson previously endorsed an amicus brief supporting a Texas lawsuit aimed at reversing the 2020 election results in four pivotal states.

Commitment to Certify

Only one legislator who voted against certification in 2021 expressed commitment to uphold the election results this time, irrespective of the outcome. Rep. John Carter, R-Texas, told YSL News in an interview at the Capitol, “If Congress needs to certify, I will certify.”

Some candidates are emphasizing election integrity as a central theme of their campaigns.

Approximately half of the Democrats and third-party candidates are contesting in strongly Republican areas against opponents who challenged the electoral outcome in 2021.

“I take issue with any incumbent or any person present who voted against certifying the election results,” remarked Rodney Govens, a Democrat contesting against Republican Rep. Steve Womack in Arkansas’ first congressional district.

Others are competing in situations where the current officeholder may be vulnerable. Although this could allow for election deniers to take office, many candidates have stated that they would stand by the results of the 2024 election, including two Republicans running in evenly matched races in Pennsylvania and Colorado.

Two lawmakers, Rep. Josh Gottheimer, D-N.J., and Rep. Don Bacon, R-Neb., initiated a bipartisan unity agreement to recognize that the election winner will be certified on January 6, 2025, aiming to foster a sense of calm and prevent a recurrence of the violence seen on January 6, 2021.

“A peaceful transfer of power is fundamental to our Constitution and democracy, and it’s our duty to assure the American public can trust our electoral system,” Gottheimer told YSL News.

Twenty-nine other Democrats and five more moderate Republicans seeking re-election––many engaged in competitive races––endorsed this pledge.

Sen. Kevin Cramer from North Dakota chose not to sign but is among 10 Republicans who confirmed to YSL News that they would uphold the 2024 election results regardless of the outcomes.

“Our responsibility isn’t to decide whether to certify or not; rather, it’s to certify once true certification takes place across 50 states and some territories,” Cramer elaborated. “That’s how I see it. Ultimately, it’s the states’ responsibility to verify electors, and our role is essentially to endorse that verification.”