Democratic Secretaries of State Warn ‘Independent State Legislature Theory’ Would Upend Elections

Thirteen Secretaries of State led by Colorado Secretary of State Jena Griswold filed an amicus brief with the United States Supreme Court in Moore v. Harper, a case that will have the court considering the “independent state legislature” theory.

The Supreme Court will hear oral arguments in Moore v. Harper in December, a case brought forth after the Republican-controlled North Carolina Legislature adopted a new congressional voting map based on 2020 Census results. A group of Democratic voters and nonprofit organizations alleged the map was a partisan gerrymander that violated the state constitution and challenged it in court, according to Ballotpedia.

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Commentary: State Secretaries of State Play a Critical Role in Elections

Most state residents think of their secretary of state as someone who is in charge of their department of motor vehicles. Few realize that the decisions of secretaries of state could determine who becomes president. Dozens of states will hold elections this fall that will determine the officials who will run state elections in 2024 – and these officials could play crucial roles in the next presidential vote count.  

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