Supreme Court rejects theory that would have meant radical changes to election rules

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The Supreme Court on Tuesday rejected the theory that state legislatures have almost unlimited power to decide the rules for federal elections and draw partisan congressional maps without interference from state courts.

The “independent state legislature theory” holds that the U.S. Constitution gives that power to lawmakers even if it results in extreme partisan voting maps for congressional seats and violates voter protections enshrined in state constitutions.The case could have had a major influence on results in the 2024 election.

The theory comes from a strict reading of the Constitution’s elections clause, which says: “The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.” Proponents of the theory argue that the use of the term “legislature” means that only lawmakers may set election rules and draw congressional maps, and that governors, election administrators and even state courts enforcing state constitutions have no role to play. According to that argument, only Congress could step in to overrule the state legislators., the three most conservative justices appeared open to such a reading of the text, and the three liberals adamantly opposed.

 

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