|
On Wednesday, the U.S. Supreme Court heard oral arguments in Moore v. Harper, a redistricting-related case from North Carolina that raises a radical legal theory that could dramatically upend how federal elections are overseen.
The “independent state legislature theory” is a fringe interpretation of the Constitution’s Elections Clause under which only state legislatures have the authority to regulate federal elections.
- If adopted, it threatens to shield from legal challenges many harmful election-related measures, like unnecessary voter-registration hurdles or unfairly gerrymandered districts.
- Under the theory’s most extreme version, state constitutions, state courts, citizen initiatives, and even governors’ vetoes would be unable to impose checks on state legislation regulating national elections.
- Some election deniers have even cited the dubious theory as a potential avenue for overturning popular vote results.
While the arguments in Moore v. Harper are perhaps the most brazen recent attempt by state legislators to concentrate their power to oversee elections, similar efforts have marked many state legislative sessions since the 2020 election.
- Records we obtained revealed that the Honest Elections Project, a group pushing discredited election conspiracy theories, and the American Legislative Exchange Council (ALEC) had worked with in several states to craft bills providing lawmakers with the opportunity to intervene in lawsuits challenging specific election measures or to require legislative approval of certain settlements and consent decrees.
- American Oversight has also investigated other efforts by state legislatures to bolster their control of election administration; read more here.
- We’ve filed requests in several states for communications about the theory or related cases, or communications with select groups supporting it.
The spate of state-level voting restrictions that emerged after the 2020 election demonstrated the enormous power state legislators already can have over people’s access to voting. This week, Ohio lawmakers held hearings on several new far-reaching measures that would make it harder to vote — including a photo-ID requirement as well as restrictions on mail-in ballots, early voting, and ballot drop boxes — that are being pushed by Republicans in the legislature. Here are other voting-rights stories from this week:
- Pennsylvania Republicans reconsider their war on mail voting (Politico)
- Republicans have a post-election epiphany on mail voting (Politico)
- House delays action on defense bill as Black Caucus presses for voting rights (The Hill)
- Another Florida voter fraud case dismissed. Miami judge rejects statewide prosecutor (Miami Herald)
Other Stories We're Following
Jan. 6 Investigations
- Justice Dept. subpoenas Ariz., Mich., Wis. officials in Trump Jan. 6 probe (Washington Post)
- House January 6 committee considering criminal referrals for Trump, sources tell CNN (CNN)
- Jan. 6 committee report will be released Dec. 21, Thompson says (ABC News)
- Federal appeals court considers Trump’s plea to grant him immunity from Capitol riot lawsuits (CNN)
Election Denial
- Arizona’s Cochise County finally certifies its election results after a court order (NPR)
- Election-denying Houston Republican Mike May takes his case to the Texas House after 6,000-vote loss (Houston Chronicle)
- Former deputy to Tina Peters pleads guilty, agrees to testify for prosecution (Colorado Newsline)
Trump and Trump Administration Accountability
- Items with classified markings found at Trump storage unit in Florida (Washington Post)
- Trump Org. guilty on all counts in New York criminal tax fraud trial (Politico)
- Trump hosts event featuring QAnon, ‘Pizzagate’ conspiracy theorist at Mar-a-Lago (ABC News)
- Democrats ramp up investigation of Kushner family business dealings (Washington Post)
Immigration
- A growing number of Texas rural counties are declaring local immigration ‘disasters’ (Texas Tribune)
- Biden administration appeals court decision that blocked controversial Trump-era border policy Title 42 (CNN)
National News
- State battles on abortion access are ahead in the new year (Wall Street Journal)
- U.S. court dismisses suit against Saudi ruler in Khashoggi killing (New York Times)
- Social Security offices critical to disability benefits hit breaking point (Washington Post)
- House to pass same-sex marriage bill in one of Pelosi’s last acts as speaker (Washington Post)
The Coronavirus
- Senate report spotlights systemic problems behind early Covid response missteps (CBS News)
- FDA approves updated coronavirus shots for young children (Washington Post)
- House passes defense bill that rescinds military Covid vaccine mandate (CNN)
- Billions in Covid aid went to hospitals that didn’t need it (Wall Street Journal)
- Walensky: CDC needs Congress to help it collect public health data (Stat News)
- Florida Republican who sponsored ‘Don’t Say Gay’ indicted on Covid relief fraud charges (Politico)
|
|
