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A look at independent state legislature theory

The Ohio Statehouse in downtown Columbus on March 26, 2020.
Ryan Hitchcock
/
WOSU
The Ohio Statehouse in downtown Columbus on March 26, 2020.

The Constitution delegates power to administer federal elections to the states. The constitution has been understood to delegate that authority to each state’s general lawmaking processes.

The independent state legislature theory is a fringe legal theory that would turn that understanding on its head and vest all power in state legislatures, removing the governor and state courts from redistricting and other election administration issues.

The U.S. Supreme court agreed to hear a case involving the theory this fall. We are taking a look at the theory.

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