Taylor Meehan, an attorney for legislative Republicans, argued that districts had long been considered to be contiguous as long as they kept towns, counties and wards whole. In Wisconsin, localities have annexed disconnected parts of land that have resulted in strange shapes. “You can define contiguity as strictly or as loosely as you want,” she said.
In place of a public hearing that never happened on a fast-tracked Republican bill creating a new process for redistricting, advocates for nonpartisan, fair maps held a two-hour event of their own Monday to denounce the GOP proposal.
Campaigning for a northwestern Ohio congressional seat, Republican J.R. Majewski presents himself as an Air Force combat veteran who deployed to Afghanistan after the 9/11 terrorist attacks, once describing “tough” conditions including a lack of running water that forced him to go more than 40 days without a shower.
The Independent State Legislatures doctrine used to be a fringe theory, but not anymore. Multiple Supreme Court justices are on the record in support of it. Right-wing legal activists from the Federalist Society and its “Honest Elections Project” are pushing for it in legal briefs authored by white-shoe law firms (BakerHostetler, counsel for the Honest Elections Project, has defended Republican gerrymandering in Pennsylvania and North Carolina.) And some GOP-controlled state legislatures, including Arizona, are considering bills that would allow them to intervene in presidential elections to choose electors themselves if election results are “unclear.” If a state were to pass this type of law, it would set the stage for a court to agree that the Independent State Legislature doctrine requires that in some circumstances, state legislatures rather than voters should determine election outcomes.
As Jane Mayer reported recently, right-wing funders like the Bradley Foundation and the American Legislative Exchange Council (ALEC) have been working with Republican state legislators to advance ways to re-engineer how states allocate Electoral College votes. Last year, a GOP state representative from Arizona, Shawna Bulick, sat on an ALEC-convened working group that discussed the Electoral College, and this year, she introduced a bill that would have given the state legislature power to undo the certification of presidential electors by a simple majority vote up until the inauguration.
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