Supreme Court to Hear Case on State Legislatures’ Power Over Elections – The New York Times

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But a ruling favoring the independent state legislature doctrine has consequences that could extend well beyond congressional maps. Such a decision, legal experts say, could limit a state court’s ability to strike down any new voting laws regarding federal elections, and could restrict their ability to make changes on Election Day, like extending polling hours at a location that opened late because of bad weather or technical difficulties.

“I just can’t overstate how consequential, how radical and consequential this could be,” said Wendy Weiser, the vice president for democracy at the Brennan Center for Justice. “Essentially no one other than Congress would be allowed to rein in some of the abuses of state legislatures.”

The decision to hear the case comes as Republican-led state legislatures across the country have sought to wrest more authority over the administration of elections from nonpartisan election officials and secretaries of state. In Georgia, for example, a law passed last year stripped the secretary of state of significant power, including as chair of the State Elections Board.

Such efforts to take more partisan control over election administration have worried some voting rights organizations that state legislatures are moving toward taking more extreme steps in elections that do not go their way, akin to plans hatched by former President Donald J. Trump’s legal team in the waning days of his presidency.

“The night­mare scen­ario,” the Brennan Center wrote in June, “is that a legis­lature, displeased with how an elec­tion offi­cial on the ground has inter­preted her state’s elec­tion laws, would invoke the theory as a pretext to refuse to certify the results of a pres­id­en­tial elec­tion and instead select its own slate of elect­ors.”

Legal experts note that there are federal constitutional checks that would prevent a legislature from simply declaring after an election that it will ignore the popular vote and send an alternate slate of electors. But should the legislature pass a law before an election, for example, setting the parameters by which a legislature could take over an election and send its slate of electors, that could be upheld under the independent state legislature doctrine.

Source Article from https://www.nytimes.com/2022/06/30/us/politics/state-legislatures-elections-supreme-court.html

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