A hotly contested election case from North Carolina has the potential to cause confusion for 2024 election procedures if it's not resolved in time, some experts fear.
At issue is a controversial concept known as the"independent state legislature theory," which posits that state legislatures have broad discretion over administering federal elections at the state level, with minimal checks and balances from state courts or even the governor.Members of the Supreme Court are contemplating a case — Moore v. Harper — that explores the theory, but there are concerns that the high court will not adequately resolve the issue in time for the 2024 elections.
Now there are questions about whether the Supreme Court will reach a final verdict on the legitimacy of the independent state legislature theory. This is in part because there are now major questions about standing given that the North Carolina state Supreme Court overturned the prior ruling at issue.
Supporters of the theory contend that it's based on a strict interpretation of the Constitution’s elections clause, which says, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”
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