www.inquirer.com/opinion/commentary/us-s...lature-20221207.html
In fact, the independent state legislature theory made its way into consideration by the U.S. Supreme Court this session because the North Carolina legislature gerrymandered the lines for its new congressional maps following the 2020 census. Voters in the state contested the new map, saying it violated the North Carolina Constitution’s free elections clause.
In February, the North Carolina Supreme Court struck down the map, calling it an “egregious and intentional partisan gerrymander … designed to enhance Republican performance, and thereby give a greater voice to those voters than to any others.” In response, Republican legislators in the North Carolina House of Representatives, led by Speaker Tim Moore, refused to accept the court-ordered maps, and appealed to the U.S. Supreme Court.
If the court rules in favor of Moore and the independent state legislature theory, the consequences could go far beyond reinstituting an antidemocratic map in North Carolina, and potentially lead to the elimination of a state judicial remedy as an option for voters to fight partisan gerrymandering across the country.
Even more, the independent state legislature theory could cause chaos in elections nationwide, potentially jeopardizing automatic voter registration or mail-in-ballot provisions put in place through administrative regulations, ballot initiatives, or state constitutions.
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Here in Pennsylvania, the independent state legislature theory could greatly diminish the power of our state courts to provide oversight of the legislature, which has proven critical these last few years in ensuring our elections are free and fair and their results respected. On more than one occasion, our state courts have stepped in to protect voters from the legislature’s gerrymandered maps and other attempts to restrict the right to vote and the voice of voters.
With Moore in place, our citizens would no longer have recourse to the other branches of the commonwealth’s government, leaving voters at risk from partisan — and in many cases anti-democratic — state legislators.
Those of us who viewed Mastriano’s candidacy as a threat to the rights of Pennsylvania’s voters to have their ballots counted and election results respected were relieved when Josh Shapiro prevailed.
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ut threats to the democracy forged by the Founders persist. We must maintain vigilance, and the U.S. Supreme Court must reject the independent state legislature theory and rule against Moore v. Harper.
Jim Greenwood represented Bucks County in the U.S. House of Representatives as a Republican from 1993 to 2005.
Published Dec. 7, 2022