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.”
Michigan audit debunks dead voter theory in 2020 election | Craig Mauger/The Detroit News
A report released Friday by Michigan's Office of the Auditor General quashed a conspiracy theory that a significant number of fraudulent votes were cast on behalf of dead people in the state's 2020 presidential election. The 67-page document examined election processes in the battleground state, generally finding them to be sufficient with some exceptions. Nothing in the document specifically called into question the results of Michigan's election, when Democrat Joe Biden defeated President Donald Trump, but did criticize audits that occurred afterward. The auditor general's office — whose leader, Doug Ringler was appointed by the Republican-controlled Legislature — compared state voting records with public health records, finding 1,616 votes, or 0.03% of the total ballots, were attributed to people who were deceased as of Election Day. In the wide majority of the cases, the problem votes were absentee ballots cast by someone who died in the final days before the election, according to the auditors' report. That indicates the people were alive when they sent in their ballots ahead of the election but passed away before Election Day. Ballots of voters who have died before Election Day are supposed to be rejected in Michigan, even if the voter cast an absentee ballot and then died before Election Day, according to the Secretary of State's office. In 20 instances in the presidential election, a person who cast a ballot had died more than 40 days before the election, according to the new report. Likewise, the report found that 99.99% of the voters examined were within acceptable age parameters and 99.99% of the votes cast were not identified as a duplicate vote.
Full Article: Audit debunks dead voter theory in Michigan 2020 election