Moore v. Harper could upend elections as we know them.
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The Supreme Court will hear a case called Moore v. Harper this term. The case began with a GOP-drawn map that the North Carolina Supreme Court ruled to be unconstitutional back in February. The gerrymandered map in question would have awarded republicans 10 out of 14 electors in an evenly divided popular vote. The little-known theory the case centers around is called the Independent State Legislature Theory. If the court rules in favor, it would give state legislators near-complete power over federal election administration. It could allow states to override hundreds of election rules that we currently rely on for fair and free elections. Like voter registration processes, mail voting, and even the right to a secret ballot. It could allow states to refuse to certify results of presidential elections and handpick their own state electors. Says Dahlia Lithwick, “it’s so arcane, that it’s entirely possible to blink and miss it.”Oct. 9, 2022
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