The American Democracy Minute Radio Report & Podcast for April 12, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We reported last October that 11 Michigan GOP legislators used the “Independent State Legislature” theory to challenge two Michigan ballot questions expanding voting rights.  A federal judge dismissed their case April 10th.

You’ll remember that the fringe ISL theory was used in a North Carolina case last year, with the state legislature arguing in Moore vs. Harper that it alone had the U.S. Constitutional authority to make election law.  The U.S. Supreme Court rejected that argument.  

In 2018, Michigan voters approved voting rights citizen ballot initiatives which established automatic voter registration, no-excuse absentee voting and same-day voter registration.   In 2022, voters approved another voting rights amendment which allowed drop boxes, established nine days of early voting and a permanent absentee list, among several democracy reforms.  They passed with approvals of 60% and 67%.

Eleven Michigan GOP senators and representatives objected, arguing they had the U.S. Constitutional right to cast a vote on such election laws and were harmed by the ballot initiatives.

Judge Jane Beckering did not rule on the validity of the ISL theory, but did concur with the state’s argument that the plaintiffs had no standing to bring the case.   The case was dismissed, but without prejudice, so ISL may still not be dead.

We have links to more on the case and why the ISL theory is dangerous at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Brennan Center for Justice – Moore v. Harper
BallotPedia – Michigan 2018 ballot measures
BallotPedia – Michigan 2022 ballot measures

American Democracy Minute – Just in Time for Halloween, Michigan Case Tries to Reanimate the Independent State Legislature Theory and Kill Democracy Reforms
U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN (via Democracy Docket) – JONATHAN LINDSEY v.  GRETCHEN WHITMER Opinion and Order
Michigan Department of Attorney General – Federal Court Rejects Lawsuit of 11 Republican State Legislators, Predicated on Independent State Legislature Theory
Michigan Advance – Federal judge rejects GOP lawmaker suit over state election laws
Democracy Docket – Revisiting Moore v. Harper and the Threats to Democracy

Groups Taking Action:
Michigan Alliance for Retired Americans,  Detroit Downriver A. Phillip Randolph Institute, Detroit Disability Power

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #VotingRights #MichiganPolitics  #DemocracyReform #DirectDemocracy #MoorevHarper

The post Michigan Case Which Used the ‘Independent State Legislature Theory’ to Challenge Voting Rights Ballot Questions is Thrown Out appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Oct. 27, 2023

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

Just in Time for Halloween, Michigan Case Tries to Reanimate the Independent State Legislature Theory and Kill Democracy Reforms

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Just in time for Halloween, Michigan GOP legislators are attempting to reanimate the rejected Independent State Legislature theory to invalidate a voting rights citizen ballot initiative passed in 2022.   Haven’t we seen this horror movie before?

Michigan’s voters passed Proposition 2 with 60% of the vote in 2022. The citizen ballot initiative enshrined early voting, no excuse absentee, automatic voter registration, protections for poll workers from harassment and other reforms into the state constitution.   

Earlier this year, the U.S. Supreme Court rejected an argument by the North Carolina legislature in Moore v. Harper that a fringe interpretation of the U.S. Constitution allowed it complete control of election law – trumping gubernatorial vetoes and the courts.   Democracy Docket reports that Michigan GOP legislators are arguing in federal district court that the Prop 2 citizen ballot initiative undermined the power of the Michigan legislature and must be invalidated.

They are further asking the court to prohibit any future citizen initiatives which regulate “the time, place, and manner of federal elections,” a role granted to state legislatures in the Elections Clause.  

While the case is not likely to go far, there are members of the U.S. Supreme Court who embraced the ISL theory, and may like to consider a related case. We’ll keep watch for the monster behind the door. 

Find the case and analysis at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Democracy Docket – Using Rejected ISL Theory, Michigan Republicans Challenge Voter-Approved Constitutional Amendments 
U.S. District Court via Democracy Docket –  LINDSEY v. WHITMER
BallotPedia – Michigan Proposal 2, Voting Policies in Constitution Amendment (2022)
Brennan Center for Justice – The ‘Independent State Legislature Theory,’ Explained
Center for American Progress – How Michigan Became a Blueprint for Strengthening Democracy

Groups Taking Action:
Promote the Vote, ACLU Michigan, League of Women Voters MI, American Promise MI

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Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

#Democracy  #DemocracyNews #MichiganPolitics #VoterSuppression #MoorevHarper
#IndependentStateLegislature #Proposition2

The post Just in Time for Halloween, Michigan Case Tries to Reanimate the Independent State Legislature Theory and Kill Democracy Reforms appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for June 5, 2023

Today’s Script: 
(Variations occur with audio due to editing for time) 

Today’s Links now below the script

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We’re in North Carolina today awaiting action by the U.S. Supreme Court on Moore vs. Harper, the Independent State Legislature theory test case, and we just learned about a new bill shortening mail-in ballot deadlines and implementing provisional ballots for election-day registrants.

A ruling from the high court is expected this week or next on Moore v. Harper, the fringe constitutional theory that state legislatures have ultimate power over election law, even over gubernatorial vetoes and court decisions.  

New anti-democracy legislation has also been filed in North Carolina, using boilerplate bills drafted by a group that Raleigh’s WRAL reports is run by Cleta Mitchell, head of former President Trump’s legal team attempting to overturn the results of the 2020 election.   

The proposed legislation requires receipt of mail-in ballots by 7:30 pm election day, rather than the third day after, and implements two-factor identification for mail ballots.   It would allow “challenges” to voter eligibility by other precinct voters, a voter suppression tactic and a burden for election workers.   The bill also requires voters registering on election day to use a provisional ballot, and not count it until the voter’s address is verified by mail or additional documents are provided.

Despite little or no evidence of fraud, politicians backing such voter suppression legislation claim it allays public doubt about elections – doubt of their own making.

We have more at AmericanDemocracyMinute.org, I’m Brian Beihl.

Today’s Links

Articles & Resources:
The Guardian – US supreme court end-of-term decisions could transform key areas of public life
The Brennan Center for Justice – Moore v. Harper, Explained
Democracy Docket – North Carolina Republicans Introduce Election Bill Influenced by GOP Operatives
WRAL – NC lawmakers expected to roll out major election law changes, with input from former Trump lawyer
North Carolina Legislature – SB 747 as Introduced

Groups Taking Action:
Common Cause NC, Democracy North Carolina, North Carolina Black Alliance, Action NC, League of Women Voters NC 

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Get ADM Radio Report email!  Sign up here!

#Democracy  #DemocracyNews #VotingRights

The post North Carolina Legislators Propose Boilerplate Bills Suppressing Mail-in and Election Day Registration Voters appeared first on American Democracy Minute.

Listen!

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We’ve been spending time this week on the origins & outline of Moore vs. Harper, the important Supreme Court case testing a fringe Constitutional doctrine called the “Independent State Legislature” theory.  If embraced by the majority, it could alter American Democracy as we’ve known it for 235 years.

At stake is whether state legislatures have ultimate authority over elections:  Higher authority than federal statutes and courts, higher than state supreme courts, and higher than a Governor’s veto.    The U.S. Supreme Court has already said in 2019 that only state courts have the authority to decide partisan redistricting and gerrymandering cases.  That decision essentially greenlighted widespread gerrymandering in the 2020 redistricting process.

The Brennan Center for Justice and other scholars suggest that with unchecked power, legislatures could change the slate of electors for a Presidential election, or overturn election results.  Ballot initiatives could be nullified.  State legislatures could ignore the U.S. or state constitution’s voting rights provisions and establish new, more draconian barriers to voting.  Existing state laws like early voting or voting by mail could be repealed without the check of a gubernatorial veto.  

In short, the impact of Moore v. Harper could reshape American democracy, and it could be one of the most consequential and destructive Supreme Court decisions of our time.

More on the case and groups taking action can be found at American Democracy Minute.org.  For the American Democracy Minute, I’m Brian Beihl.

The post ADM for Oct. 6, 2022: What are the Impacts if the U.S. Supreme Court Majority Embraces the Independent State Legislature Theory? appeared first on American Democracy Minute.