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.”
New Hampshire: Effort to eliminate ballot-counting machines snags | Casey McDermott/Concord Monitor
A newly animated movement to eliminate ballot-counting machines in New Hampshire ran stalled out this week at the State House and in town elections, where the issue was on the ballot in about a dozen communities. On Wednesday, the House Election Law Committee unanimously voted against a bill that would have required all future elections in New Hampshire to be hand-counted. And the day before, voters across the state rejected similar mandates at the local level. Cities and towns can choose whether to count ballots by hand or by machine. Most opt to use the AccuVote, the only machine currently approved for use in New Hampshire, and hand-counting is largely limited to towns with 2,000 voters or less. Local activists and some Republican state lawmakers, spurred by mistrust in the outcome of the 2020 election, have been pushing to hand count all of New Hampshire’s future elections. In addition to rallying behind a bill to ban machines statewide, they also organized petition drives to put the issue before voters in a handful of communities this spring. House Election Law Committee Chairwoman Barbara Griffin, a Republican from Goffstown, said members of the panel waited to finalize their opinion on the statewide ban on vote-counting machines until voters had a chance to weigh in on the issue in Tuesday’s town elections. “There is no town that voted yesterday that supported the elimination of the counting devices that are currently used,” Griffin said. “So I think that to require this for every community in the state would not be appropriate.”
Full Article: Effort to eliminate ballot-counting machines snags