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.”
Georgia: Poll closure plan defeated in rural Lincoln County | Mark Niesse/The Atlanta Journal-Constitution
Election officials in rural Lincoln County on Wednesday voted against closing all seven of the county’s polling places, a plan that would have replaced them with one new central voting location. The unanimous decision to keep every polling place open followed months of protests and petition drives objecting to the proposal, saying it would limit voter access in the county, located north of Augusta. “The voters of Lincoln County spoke loud and clear on the proposals to consolidate polling locations,” said Cindy Battles of the Georgia Coalition for the People’s Agenda, a voting rights group that helped organize opposition to the poll closure plan. “We are incredibly happy the board of elections listened to them.” The elections board backed down from the poll closure idea in response to resistance that began late last year. Voting rights organizations gathered hundreds of signatures on petitions in January that blocked some of the poll closures from moving forward. Under Georgia law, a petition signed by at least 20% of registered voters in a precinct can prevent its closure.
Full Article: Rural Georgia county votes to keep all precincts open after protests