Jun 28, 2023Liked by Chris J. Karr, David Thornton
I could be wrong, but I see the Supreme's rulings regarding state governance a little differently. Except in cases where federal laws take precedence, voting rights act for example, the Supreme Court is pretty much telling the states they made the mess, and the burden is on them to clean it up.
I do not believe state administrators are empowered to change rules established by legislation but the matter is certainly reviewable by the State Supreme Court if allowed by the State Constitution. There is a real potential for abuse because state legislative sessions are often constitutionally limited unless a special session is called - not likely in cases where the Governor and Legislature are at odds.
It's somewhat like the Supreme Court refusing to require the Executive Branch to enforce the immigration laws. In such cases, this has the effect of vastly increasing the power wielded by the President.
I think it's going to vary by state. I'd bet that most states had some sort of emergency authority for state elections officials written into their laws by the legislature.
I know some states have/have tried to remove or tighten up that authority. I'm afraid that is going to cause a different problem when the next crisis hits.
I could be wrong, but I see the Supreme's rulings regarding state governance a little differently. Except in cases where federal laws take precedence, voting rights act for example, the Supreme Court is pretty much telling the states they made the mess, and the burden is on them to clean it up.
I do not believe state administrators are empowered to change rules established by legislation but the matter is certainly reviewable by the State Supreme Court if allowed by the State Constitution. There is a real potential for abuse because state legislative sessions are often constitutionally limited unless a special session is called - not likely in cases where the Governor and Legislature are at odds.
It's somewhat like the Supreme Court refusing to require the Executive Branch to enforce the immigration laws. In such cases, this has the effect of vastly increasing the power wielded by the President.
I think it's going to vary by state. I'd bet that most states had some sort of emergency authority for state elections officials written into their laws by the legislature.
I know some states have/have tried to remove or tighten up that authority. I'm afraid that is going to cause a different problem when the next crisis hits.
Closest thing I've found for summarizing election emergency provisions.
https://bipartisanpolicy.org/blog/the-confusing-and-different-emergency-powers-over-elections-in-states/
After reading further, it appears this describes what was done - not necessarily what was the correct action.