Johnson spikes top Democrats' anxiety about a Jan. 6 redux

• House Minority Leader Hakeem Jeffries (D-N.Y.) has been conferring with deputies to prepare for next January's joint session, sources familiar with the discussions told Axios.
• "I've talked to him just generally about preparations … to make sure that we're functioning and doing everything in accordance with the will of the American people," said House Administration Committee Ranking Member Joe Morelle (D-N.Y.).

Driving the news: Asked during a press conference Tuesday if he'd commit to observing regular order on certifying a Harris win, Johnson replied, "Well of course — if we have a free, fair and safe election, we're going to follow the Constitution. Absolutely. Yes. Absolutely."

• Congress' joint sessions to certify the Electoral College, once a largely ceremonial and pro forma event, has become highly charged since the Capitol riot.
• While the violence in 2021 failed to stop certification of President Biden's victory, Democrats fear things could go differently if Republicans win the House and Harris takes the White House.

What they're saying: Morelle told Axios that Democratic leaders are "clearly paying attention" to the election certification process and that Johnson's comments "give me greater concern."

• "When he says things like he did today ... it causes great concern. [Democrats are] getting very anxious about it," Morelle added.
• "I think when Donald Trump tells him to jump, he responds by asking how high," House Rules Committee Ranking Member Jim McGovern (D-Mass.) said of Johnson.
• New Democrat Coalition Chair Annie Kuster (D-N.H.) said Johnson is "speaking in code" and "trying to undermine confidence in the election system."

The other side: Some Republicans pushed back on Democratic criticism of Johnson's remarks, arguing that the speaker included a fair caveat.

• "What he said is self-evident, in that elections should be free, fair and safe. And I think saying that ... is absolutely appropriate," said Rep. Ryan Zinke (R-Mont.).
• Said Rep. Carlos Gimenez (R-Fla.): "If the Democrats have a problem having free, fair and safe elections, that's their problem."
• Both lawmakers, however, expressed confidence that the 2024 elections will be free and fair.

Zoom out: One senior Democratic source told Axios that the topic of Jan. 6, both past and future, is an "omnipresent" concern for House Democrats generally.

• Kuster told Axios that the New Democrats got a briefing from election lawyer Marc Elias at their Tuesday luncheon about election security and Trump's efforts to "undermine our confidence in our elections."

The backdrop: Johnson has made multiple unsuccessful attempts to get the SAVE Act, which would require proof of citizenship to register to vote in federal elections, signed into law.

• Trump has publicly pushed the legislation and even urged Republicans to shut down the government in order to get it included as part of a stopgap spending bill.
• Simultaneously, Trump has suggested that illegal immigrants voting will be a large-scale problem in November.

Between the lines: Johnson was central to Trump's efforts to overturn the 2020 election, spearheading an amicus brief that argued for invalidating the results in four swing states.

• "He was the chief legal architect behind Donald Trump's pursuit to toss out a fair and free election," House Democratic Caucus Chair Pete Aguilar (D-Calif.), a former Jan. 6 committee member, told Axios.
• Aguilar added: "It's laughable that he thinks he has credibility on this issue."
• But Democrats have their own history of objecting to elections: McGovern, for instance, objected to certifying electoral votes in 2016.