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.”
Texas: Harris County election chief resigns as political parties demand answers over fumbled vote count | Alexa Ura/The Texas Tribune
With counting holdups and missed ballots marring what amounted to a low-turnout election,Harris County’s election administrator has announced she is resigning amid pressure from local leaders of both political parties to explain what went wrong in last week’s primary. Houston-area voters saw relatively few issues on election day, but days later the state’s largest county faced a 10,000 vote-sized problem. Over the weekend, Harris County election officials announced that thousands of mail-in ballots — 6,000 Democratic and 4,000 Republican — had been mistakenly left off the county’s vote tally. This came after unofficial results were significantly delayed in part because more than a thousand ballot sheets were damaged as voters tried out the county’s new voting machines. On Tuesday afternoon, the Houston Chronicle reported that Harris County Judge Lina Hidalgo, a Democrat, said she wanted a change in leadership and intended to replace election administrator Isabel Longoria. Shortly after, Longoria announced she would step down on July 1. Her resignation came after Harris County Democrats called for a comprehensive post-election review, while Republicans — regular adversaries of the county’s Democratic leadership — simultaneously sued the county and demanded Longoria’s resignation.
Full Article: Parties seek answers after Harris County fumbles election vote count | The Texas Tribune
