With one simple sentence, Congress could (mostly) end the "independent state legislature doctrine"
Interesting article in Election Law Blog by Derek Muller, with a proposal I had not seen before.
With one simple sentence, Congress could (mostly) end the “independent state legislature doctrine”
The Elections Clause provides, “The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.”
Here, the (hypothetical) Symmetrical Elections Act of 2022:
Except where otherwise inconsistent with the Constitution of the United States or with Federal law, the times, places, and manner of holding elections for Senators and Representatives shall be the same as for the most numerous branch of the state legislature, including the times, places, and manner set forth in the Constitution, laws, and regulations of the state, as authoritatively interpreted by the courts of the state
Much more at link
[link:https://electionlawblog.org/?p=128090|]
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