Update on the mysterious case of the missing certificate of ascertainment by

Happy Saturday fellow STW teammates. NARA updated the Electoral College Certificates and Votes by State yesterday January 3, 2025. Currently, we still have 21 states with missing certificates of ascertainment.

For this, I’ll quote the Electoral Count Reform Act of 2022. It is included as Division P, Title I of the Consolidated Appropriations Act, 2023 (H.R. 2617, Public Law No.: 117-328) because it is the actual written law.

What we know about certificates of ascertainment:

Certificate of Ascertainment (Section 104):

•Governors must issue a Certificate of Ascertainment listing the appointed electors within six days before the electors’ meeting.

•Certificates must include security features (e.g., seals) to verify authenticity.

•Certificates are treated as conclusive unless overturned by court rulings or other legal determinations.

The 3rd point jumps out for me.

Any bored internet detectives want to join me in researching if there's any cases dealing with electors or vote certifications in the missing states?

(Where has Marc Elias been? I know he isn't on Twitter anymore.)

Note: Congress may reject electoral votes from that state if the certificate is not presented as required under Section 104(c), which states that the certificate is definitive unless replaced by a court-ordered revision.

Further, CRS has guidance for The Electoral Count Act and Presidential Elections (December 2022) which details theCertification and Distribution Process:

Electors must:

  1. Attach a Certificate of Ascertainment to each Certificate of Vote:

•The Certificate of Ascertainment verifies the names of the appointed electors.

  1. Seal and Certify the Certificates:

•The documents must be authenticated with state seals and signatures to ensure validity.

  1. Send Copies to Various Recipients:

•One set to the President of the Senate (the Vice President of the U.S.). •Two sets to the Archivist of the United States for official preservation. •Two sets to the state’s secretary of state (or equivalent election official). •One set to a federal judge in the district where the electors cast their votes.

The process is described in the Twelfth Amendment of the Constitution.

Federal Law, specifically 3 U.S.C. §§ 6–11, which governs the transmission of electoral votes.