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Supreme Court to hear case on GOP ‘independent legislature’ theory that could radically reshape elections

Supreme Court to hear case on GOP ‘independent legislature’ theory that could radically reshape elections

But the Republican legislators argued in an appeal to the U.S. Supreme Court that the state court had extremely limited authority to police the legislature on federal election matters — a theory known as the “independent state legislature” theory.

The theory holds that state legislatures have near-uncheckable authority to set procedures for federal elections — and state courts have either a limited or even no ability to rule on those…


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