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State Courts, Voting Maps, and the Supreme Court

Advisory Opinions

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Pandemic Era Changes in Voting Rules

The issue came up as a result of pandemic era changes in voting rules that did not come directly from state legislatures. So the argument, read quite reading this quite narrowly, was that any election rule that doesn't come from the legislature violates article two, section one. And so therefore, an elector, and electors elected under such a system, quite simplyt their election should have been rendered null and void. But both at the district court level and at the federal circuit court level, the judges said, no, that's not quite right.

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