An arcane theory resuscitated during legal challenges before the U.S. Supreme Court in the wake of Florida’s disputed 2000 election is finding traction in post-2020 election integrity lawsuits. Proponents are espousing “Independent State Legislatures Doctrine” in legal arguments seeking to cuff state courts from “acting like ‘super legislators’” and assert state legislatures’ right as “necessary parties” in election-related lawsuits. “It comes back to a very basic textural reading of the Constitution that vests the ability to regulate elections to state legislatures,” said Jason Snead, executive director of Honest Elections Project (HEP), created in February 2020 by the Federalist Society to spearhead election integrity initiatives. “This is a live issue—a theory we endorse.” The doctrine is rooted in parts of two articles of the U.S. Constitution. Article I declares state legislatures have authority to determine “times, places and manners of holding elections for Senators and Representatives.” Article II states “each state …
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