RALEIGH, N.C. — Though the Moore v. Harper case going before the U.S. Supreme Court on Wednesday focuses on redistricting, opponents of North Carolina lawmakers say the independent state legislature theory could open a morass of chaos in elections.
Opponents foresee potential problems with recounts in federal elections, voter ID laws, differences in the time and place of federal versus state elections and other scenarios likely to hamper voter participation. But the scope of potential consequences remains wildly unclear. It will depend not just on which side the court agrees with, but with how the majority of justices write their opinion and how state legislatures react.
“The real concern I think has to be some sort of unbridled powers that the legislatures would have in this context,” said Bob Orr, a former North Carolina Supreme Court justice who opposes the lawmakers’ argument. “There would be no checks or balances, or minimal checks and balances.”
