A legal argument lurking in two Supreme Court cases could give Republican legislators in battleground states sweeping control over election procedures, with ramifications that could include power over how states select presidential electors. Republicans from Pennsylvania and North Carolina challenged court-ordered redistricting plans in their states based on the “independent legislature” theory. It’s a reading of the Constitution, stemming from the 2000 election recount in Florida, that argues legislators have ultimate power over elections in their states and that state courts have a limited ability — or even none at all — to check it. The Supreme Court turned away the GOP redistricting challenges on Monday, largely on procedural grounds. But at least four justices embraced the “independent legislature” theory to some degree, which would consolidate power over election administration in key states with GOP-dominated state legislatures, from the ability to draw district lines unchallenged to passing new restrictions on voting. Taken to its extreme, some proponents of the theory argue it would give legislators power to override the choice of presidential electors after voting in their states. Even if five justices signed on to a version of the independent legislature theory, it is unclear how far reaching a ruling will be, said Rick Hasen, an election law expert at the University of California, Irvine School of Law who does not support the theory. “There’s a lot of potential for nuance here,” he said. “Even if you had a majority of justices that agreed that there’s something to this theory, they might not agree that a particular state has violated it.”
Tennessee: Here’s why Williamson County is switching to new voting machines after state review | Cole Villena/Nashville Tennessean
Williamson County will use new voting machines in its 2022 election cycle following vote tabulation discrepancies found during the October election. The discrepancies did not affect the final vote tally of those elections, which were verified through a hand count. “The primary concern that we have at the Williamson County Election Commission is that elections are held with fidelity and transparency, and that voters would have confidence in the results,” said Election Commission Chair Jonathan Duda. “This process has demonstrated that we’re going to go to all efforts to ensure that occurs, and that’s precisely what we’re doing here.” The county will rent and use Electronic Systems & Software machines in the 2022 election cycle. The machines function similarly to the Dominion voting machines used in previous elections and will output vote tallies both on physical “tapes” — essentially printed receipts — and electronically. The Tennessee State Department and third-party analysts recommended the switch in a February letter to the Election Commission. Duda served on the Williamson County Election Commission during the 2021 election cycle and was recently named chair. Former chair Bob Brown left the role to serve as U.S. House candidate Beth Harwell’s campaign manager.
Full Article: Williamson County to ditch Dominion voting machines after state review