Posted on Sep 14, 2022
What's at stake in Supreme Court battle over controversial legal theory about who controls...
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The U.S. Supreme Court is set to hear arguments in its coming term on the legitimacy of a controversial legal theory about who oversees elections and whether that authority has limits.
The “independent state legislature" theory, backed by a group of conservative advocates, contends that state lawmakers have the ultimate power to regulate federal elections. That power of elected representatives, the theory's supporters argue, isn't subject to the traditional restrictions provided by state constitutions, state courts and governors' vetoes.
But the theory, if embraced by the justices in its most extreme application, could have a dramatic impact on how congressional maps are drawn, voting rules are written and more, according to election experts who spoke with ABC News.
The theory could undermine how American democracy works now, these experts said, raising concerns about what it could mean for how the 2024 presidential race and other contests are run.
The “independent state legislature" theory, backed by a group of conservative advocates, contends that state lawmakers have the ultimate power to regulate federal elections. That power of elected representatives, the theory's supporters argue, isn't subject to the traditional restrictions provided by state constitutions, state courts and governors' vetoes.
But the theory, if embraced by the justices in its most extreme application, could have a dramatic impact on how congressional maps are drawn, voting rules are written and more, according to election experts who spoke with ABC News.
The theory could undermine how American democracy works now, these experts said, raising concerns about what it could mean for how the 2024 presidential race and other contests are run.
What's at stake in Supreme Court battle over controversial legal theory about who controls...
Posted from abcnews.go.com
Supreme Court
Conservative
Constitution
Voting
Elections
Posted >1 y ago
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I favor an independent elections commission made of of people from both political parties that establish how elections are to be administered
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..."What about presidential electors?
The 2020 election, when some conservatives wanted to create slates of false electors pledged to Donald Trump in states that he had actually lost to Joe Biden, drew national attention to local lawmakers' ability to try and interfere in election results after voting had ended.
The "independent state legislature" theory could bolster future attempts, experts warned.
"This has the potential to change the rules of the game in far-reaching ways in time for the next presidential election," ABC News Political Director Rick Klein said. "Depending on how far the Supreme Court goes, it could virtually invite Republican-controlled legislatures to rewrite centuries-old laws ensuring that the candidate who gets the most votes in a state gets its electoral votes -- and it even could free legislatures to pick electors on their own.”
Snead acknowledged that if the theory is embraced, state lawmakers could decide to pass a law before Election Day that says the legislature is going to set electors rather than the voters.
But experts -- Snead included -- agreed that the theory doesn’t allow a legislature to retroactively change the rules if they don’t like the outcome of the election. The lawmakers would have to still have to enact such changes before the election.
"The independent state legislature is not a license to coup," Sweren-Becker said.
Federal law, she said, prohibits state legislatures from overturning the results of elections." PO1 William "Chip" Nagel .
The 2020 election, when some conservatives wanted to create slates of false electors pledged to Donald Trump in states that he had actually lost to Joe Biden, drew national attention to local lawmakers' ability to try and interfere in election results after voting had ended.
The "independent state legislature" theory could bolster future attempts, experts warned.
"This has the potential to change the rules of the game in far-reaching ways in time for the next presidential election," ABC News Political Director Rick Klein said. "Depending on how far the Supreme Court goes, it could virtually invite Republican-controlled legislatures to rewrite centuries-old laws ensuring that the candidate who gets the most votes in a state gets its electoral votes -- and it even could free legislatures to pick electors on their own.”
Snead acknowledged that if the theory is embraced, state lawmakers could decide to pass a law before Election Day that says the legislature is going to set electors rather than the voters.
But experts -- Snead included -- agreed that the theory doesn’t allow a legislature to retroactively change the rules if they don’t like the outcome of the election. The lawmakers would have to still have to enact such changes before the election.
"The independent state legislature is not a license to coup," Sweren-Becker said.
Federal law, she said, prohibits state legislatures from overturning the results of elections." PO1 William "Chip" Nagel .
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