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.”
Nevada: Nye County commissioners considering all paper elections, hand-counting ballots | Sean Golonka and Jacob Solis/The Nevada Independent
On Tuesday, Nye County commissioners will discuss a proposal to have the 2022 primary and general elections use only paper ballots and count those ballots by hand — the latest response by a rural Nevada county to greatly overhaul election administration in response to unproven conspiracy theories about the 2020 election. Republican Commissioner Debra Strickland’s request for the agenda item points to “concerns about the integrity of the voting process” raised by many Nye County citizens and states that it “will help reassure voters that their voice is heard, and their votes are accurately recorded.” In November 2020, nearly 70 percent of Nye County voters cast their ballots for Donald Trump for President, a significantly larger percentage than the share of voters registered as Republicans in the county that month (48 percent). Strickland told The Nevada Independent in an interview Monday that the proposal would eliminate the use of the county’s Dominion Voting Systems electronic machines during the elections, if accepted by Nye County Clerk Sandra Merlino. The position of Nye County clerk is elected and not appointed, meaning jurisdictional issues prevent the county commission from ordering the clerk’s office to take a specific course of action. If Merlino accepts the request, her office would be responsible for hand-counting thousands of ballots in June and November this year — a time-consuming and costly process often mired by human error but that has gained widespread attention and support amid false narratives about the security of electronic vote tabulators.
Full Article: Nye commissioners considering all paper elections, hand-counting ballots – The Nevada Independent
