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.”
Colorado clerk is indicted for election tampering and misconduct | Bente Birkeland/NPR
A grand jury has indicted a Colorado county clerk, Tina Peters, and her deputy on a laundry list of charges related to an election security breach in her office last summer that was influenced by former President Donald Trump’s false claims that he won the 2020 election. The charges against Peters come as election workers around the U.S. face death threats amid a national disinformation campaign that has falsely alleged wide-scale election tampering in 2020. Peters’ case is particularly worrisome to many who run elections as a sign that insiders might act upon those conspiracy theories, further undermining confidence in the voting process. Peters, who’s the county clerk and recorder in Mesa County, in western Colorado, faces 10 counts, including seven felony charges and three misdemeanors. The felony charges include attempting to influence a public servant, identity theft, criminal impersonation and conspiracy to commit criminal impersonation. The misdemeanors include first-degree official misconduct, violation of duty and failure to comply with the requirements of the secretary of state. Her deputy, Belinda Knisley, has been indicted on six counts, including attempt to influence a public servant, conspiracy to commit criminal impersonation, violation of duty and failure to comply with the requirements of the secretary of state.
Full Article: Mesa County Clerk Tina Peters indicted for election tampering : NPR