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