Newsletter: Moore v. Harper, Ahead to 2024, and more

June 2023 2 min read by The CEIR Team

US Supreme Court Building

A Note from Executive Director David Becker

Some quick thoughts on this week’s Moore v. Harper decision in the Supreme Court.

This case is extremely important because it sets clear guardrails for our democracy, and confirms the rule of law. State legislatures cannot violate their own state laws and constitutions with impunity. Their actions are subject to state court review, and when state courts find their actions to be illegal, those decisions will be upheld. Checks and balances are affirmed here.

The Court expressly REJECTS the radical Independent State Legislature theory promoted by the state, and embraced by lawyers representing the losing presidential candidate in 2020, in their efforts to overturn a secure, verified, and certified election, under the laws of the states. GUARDRAILS.

While the Court expressly retains federal jurisdiction to ensure that state courts do not interpret state law so as to evade federal constitutional provisions, it’s clear that there remains deference for state court decisions. Interestingly, the Court cites Bush v. Gore and expressly declines to adopt the tests suggested in that case. I believe it’s likely that a state court would have to engage in extreme overreach to invoke that federal review.

This is an excellent and crucial opinion, released 16 months before the 2024 election. It makes clear that the judicial restraints that states place on legislative efforts to change election laws or procedures remain, and any effort to circumvent the rule of law will be rejected by this Court.

Thus, if legislatures seek to interfere with ballot-counting, certification, or electoral votes, under rules they themselves set pre-election, courts will hold them accountable and the Supreme Court will almost certainly affirm the actions of those courts.

And for election deniers seeking to avoid the consequences of their acts — seeking to avoid criminal charges, civil penalties, and disbarment — their hopes have, thankfully, evaporated. This as efforts to hold those who attempted to subvert the 2020 and 2022 elections are ramping up. The rule of law has won.

David Becker
Executive Director, CEIR

Analyzing the Impact of Automatic Voter Registration in Georgia

David Becker, CEIR’s Executive Director, was joined by Ryan Germany, former General Counsel for the Georgia Secretary of State’s Office, for a webinar on the impact of AVR in Georgia. Becker and Germany, who was General Counsel in the Secretary’s office when AVR was implemented, review the recent CEIR report “Analyzing the Impacts of Automatic Voter Registration in Georgia,” including data showing the voter registration rate in the state increased significantly and voter role accuracy was improved by AVR. They also discuss how this policy change was implemented, how it can be a model for other states, and answer questions from the audience.

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