The American Democracy Minute Radio Report & Podcast for April 12, 2024
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
We reported last October that 11 Michigan GOP legislators used the “Independent State Legislature” theory to challenge two Michigan ballot questions expanding voting rights. A federal judge dismissed their case April 10th.
You’ll remember that the fringe ISL theory was used in a North Carolina case last year, with the state legislature arguing in Moore vs. Harper that it alone had the U.S. Constitutional authority to make election law. The U.S. Supreme Court rejected that argument.
In 2018, Michigan voters approved voting rights citizen ballot initiatives which established automatic voter registration, no-excuse absentee voting and same-day voter registration. In 2022, voters approved another voting rights amendment which allowed drop boxes, established nine days of early voting and a permanent absentee list, among several democracy reforms. They passed with approvals of 60% and 67%.
Eleven Michigan GOP senators and representatives objected, arguing they had the U.S. Constitutional right to cast a vote on such election laws and were harmed by the ballot initiatives.
Judge Jane Beckering did not rule on the validity of the ISL theory, but did concur with the state’s argument that the plaintiffs had no standing to bring the case. The case was dismissed, but without prejudice, so ISL may still not be dead.
We have links to more on the case and why the ISL theory is dangerous at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
Brennan Center for Justice – Moore v. Harper
BallotPedia – Michigan 2018 ballot measures
BallotPedia – Michigan 2022 ballot measures
American Democracy Minute – Just in Time for Halloween, Michigan Case Tries to Reanimate the Independent State Legislature Theory and Kill Democracy Reforms
U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN (via Democracy Docket) – JONATHAN LINDSEY v. GRETCHEN WHITMER Opinion and Order
Michigan Department of Attorney General – Federal Court Rejects Lawsuit of 11 Republican State Legislators, Predicated on Independent State Legislature Theory
Michigan Advance – Federal judge rejects GOP lawmaker suit over state election laws
Democracy Docket – Revisiting Moore v. Harper and the Threats to Democracy
Groups Taking Action:
Michigan Alliance for Retired Americans, Detroit Downriver A. Phillip Randolph Institute, Detroit Disability Power
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