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Kristin Shiuey

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    Balance of Power

    Majority of Supreme Court appears opposed to fully embracing ‘independent state legislature theory’

    Kristin Shiuey
    December 07, 2022
    Sen. Amy Klobuchar; Moore v. Harper

    Sen. Amy Klobuchar speaks to demonstrators gathered in front of the Supreme Court on Wednesday. The justices spent the day hearing oral arguments in Moore v. Harper.

    Olivier Douliery/AFP via Getty Images

    The Supreme Court heard oral arguments Wednesday in a North Carolina case that could eliminate the power of governors and state courts to check the authority of legislatures when it comes to elections — although a majority of the justices seemed skeptical of endorsing the so-called independent state legislature theory.

    Republicans in the North Carolina legislature are arguing in Moore v. Harper that the Constitution’s elections clause provides legislatures the authority to set election rules for Congress and the presidency, without any intervention from state courts to ensure the rules are in compliance with the state’s Constitution.

    Opponents claim a ruling in favor of ISL would grant legislators full capacity to gerrymander electoral maps and pass voter suppression laws. While the nature of justices’ questions and comments do not guarantee a decision one way or another, enough conservatives appear to be thinking more in line with liberal members of the court rather than their most right-leaning colleagues.

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    state government

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    Voting

    Which states will be the next to consider open primaries?

    Kristin Shiuey
    December 01, 2022
    Nevada election

    Voters in Nevada may not be the only one considered a move to open primaries during the 2024 elections.

    Trevor Bexon/Getty Images

    After achieving the first step in establishing open primaries in Nevada last month, advocates have set their sights on further victories in 2024.

    The measure approved by Nevada voters requires a second round of approval in two years before switching the method of electing officials. The ballot initiative passed in November would switch the state to an open primary system in which all candidates appear on one ballot with the five receiving the most votes – regardless of party – advancing to a ranked-choice general election.

    So the groups working in the Silver State must continue rallying support over the next two years. But similar work will be taking place in other states as open primaries advocates seek to expand beyond the 23 states that currently use some form of the system.

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    open primaries
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