WHAT YOU NEED TO KNOW
  • A bipartisan House effort seeks written commitments to accept midterm results and seat members holding valid election certificates.
  • Republicans Don Bacon, Mike Lawler, and Brian Fitzpatrick have signed the pledge alongside Democratic organizer Josh Gottheimer.
  • The House’s narrow 218 to 214 Republican majority means only a few Republican defections could stop an attempted procedural coup.
  • Mike Johnson had not responded, but the pledge could discourage efforts to manipulate certification through the House clerk.

Courts, vigilant state attorneys general and secretaries of state, and democracy defense groups have steadily reduced the likelihood that President Trump could attempt an Election Day coup. But another danger is circulating: a possible attack on election results on January 3, when the newly elected Congress is due to be certified and sworn in.

Under that scenario, Mike Johnson remains Speaker of the lame duck Congress and installs a political operative to replace the current nonpartisan clerk of the House. The replacement clerk then refuses to certify dozens of election results, leaving Republicans in control of the new House.

When Robert Kuttner previously examined this possibility, he noted that the full House can vote to override the Speaker. He also argued that dozens of Republicans who are not Trump loyalists, including several outright Trump opponents who are not seeking reelection, could provide Democrats with enough votes to stop the scheme.

Now, a bipartisan group of lawmakers is trying to shut down any attempted January 3 coup before it can begin. Reps. Don Bacon of Nebraska and Josh Gottheimer of New Jersey are requesting written commitments from House members that they will accept the midterm election results.

Bacon is an anti MAGA Republican who is not running for reelection. Gottheimer is a centrist Democrat who frequently works across the aisle, making their joint effort a direct attempt to establish clear expectations before Congress convenes.

They have asked colleagues to sign a public letter “opposing efforts to undermine free and fair elections or override the will of the voters, including any attempt to refuse or delay the seating of any Member-elect who presents a validly issued election certificate.”

Republican Reps. Mike Lawler of New York and Brian Fitzpatrick of Pennsylvania have signed the letter. Both lawmakers are facing difficult reelection contests, giving their decision to join the pledge particular political significance.

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Bacon has consistently resisted Trump and is leaving Congress, so his signature is hardly shocking. Lawler and Fitzpatrick face a more delicate political challenge because they must assemble support from MAGA Republicans, anti Trump Republicans, and independents while still publicly committing themselves to honor certified election results.

That choice amounts to casting their lot with democracy rather than leaving room for procedural mischief. It also places their commitment in writing before any disputed effort to delay or prevent the seating of duly elected members can emerge.

The Republican majority in the House currently stands at a bare 218 to 214, with one independent who caucuses with Republicans. In such a narrowly divided chamber, commitments from Bacon, Lawler, and Fitzpatrick are almost enough by themselves to defeat a coup attempt involving the clerk.

Other Republicans are also likely to join the pledge, according to Kuttner’s assessment. Even a modest number of additional signatures could make it clear that Johnson would lack the votes needed to manipulate the seating of members and retain Republican control against the voters’ decision.

At the time of the article, Johnson had not responded to the pledge. Still, the bipartisan effort appears sufficient to discourage him from playing games with the clerk of the House, particularly when several Republican members have already publicly rejected any effort to override valid election certificates.

None of these precautions will prevent Trump from making bogus claims about election fraud. But Kuttner argues that as Trump becomes more unhinged and unpopular, Republicans are becoming less willing to enable him, offering another hopeful sign that this dark chapter for American democracy may be nearing its end.

The American Prospect says its coverage aims to inform and orient readers rather than provoke fear. The nonprofit newsroom removed programmatic advertising from its website in April, maintains no paywall, and says it has no content partnerships with artificial intelligence giants.

That independence depends on reader contributions, according to the publication, which is seeking $100,000 during its fall fundraising drive. Kuttner is a cofounder and coeditor of The American Prospect, a professor at Brandeis University’s Heller School, and the author of Notes for Next Time: Surviving Tyranny, Redeeming America.