Two states have approached the court to allow them to supersede state courts court order ‘s trying to allow voters votes to counted and reported untouched by political lawmakers….
While Republicabns thought they would get over in redistricting?
Courts around the country have rebuffed their efforts…
Pushed by Donald Trump?
This is a push to disregard the voters vote in America….
The REAL solution that won’t happen is the Electoral College is put aside for the popular vote like we do for EVERY othere election in this coun try….
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….
But if they took “the most maximalist position, it would be an earthquake in American electoral power,” Hasen said before Monday’s decision.
And since the Court declined to overturn the redistricting maps for other reasons, the theory is still waiting for a full test of just how far it could go ahead of the 2024 election….
Since the 1830s, almost every state has decided to appoint its electors via the popular vote in their state. And while election lawyers agree that states could, theoretically, choose an alternate method of appointment prior to the election, they almost universally reject the idea that a state legislature could change its mind after an election to appoint an alternate slate of electors without changing state law — as Trump and his allies argued in the aftermath of his loss.
But a maximal reading of the independent legislature theory could make those calls louder — especially in a situation when a losing candidate like Trump tries to pressure supporters to do it.
“When the next presidential election comes around, it would increase the drumbeat that some state legislators might have to go off and appoint the electors on their own,” said Bassetti. “But I would hasten to say, it wouldn’t give them a carte blanche.”….