Source: San Diego Union-Tribune
“The Supreme Court on Tuesday turned back an election law case out of Montana that relied on a controversial legal theory with the potential to change the way elections are run across the country. The high court declined to hear the case in a brief order without explaining its reasoning, as is typical. Montana was appealing a ruling that struck down two GOP-backed election laws. It’s relying on the independent state legislature theory, which holds that state judges shouldn’t be allowed to consider election cases at all. Montana Secretary of State Christi Jacobsen argues that only lawmakers have sway over state elections under the U.S. Constitution. She asked the justices to consider the case after the state’s highest court struck down laws ending same-day voter registration and prohibiting paid ballot collection.” (01/21/25)
https://www.sandiegouniontribune.com/2025/01/21/supreme-court-election-law-theory/