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.”
Wisconsin Elections Commission debates how electronic voting data is stored | Anthony Dabruzzi/Spectrum
Now that state lawmakers have wrapped up their legislative business, many will turn their focus to the campaign trail. As they do, the Wisconsin Elections Commission is continuing to work through its own changes for running elections. Commissioners put their focus on how electronic voting system data is currently stored, during a virtual meeting Wednesday. For every ballot cast in Wisconsin, there is a paper artifact, which is the first way to validate results. Hence, discussion of the issue isn’t really about tabulation, rather retention in case questions are ever raised. All across the state, data within electronic voting systems are being kept properly, according to a recent analysis by commission staff. However, the guidance for how information should be stored is 12 years old and doesn’t carry the force of law.
Full Article: WEC debates how electronic voting data is stored
