« The powerful lawsuit in state court on the Pennsylvania voting process | Main | "A closer look at U.S. deaths due to COVID-19" retracted Johns Hopkins journal article »

06 December 2020


Feed You can follow this conversation by subscribing to the comment feed for this post.


USC Art 2 Sec 1: Each State shall appoint, in such Manner as the Legislature thereof may direct, (electors)


USC Art 1, Sec 4: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof


California recently got in trouble on these very issues, but before the election - Gov Gavin Newsom, using his gubernatorial powers as "covid czar", unilaterally changed state election laws.

Calif Supreme Court struck them down - power to write election laws is reserved solely to the legislative branch. There is no "covid exception" allowing the governor to usurp this expressly designated power.

Sounds like ad hoc election law changes were made by election officials that did not apply equally across the state in PA as well.


The Penn. judges could have said, "this state had foresight in requiring in person voting to help avoid the abuse that is alleged." It could have said "any JUDICIAL remedy should not disallow thousands of otherwise lawful votes." It could also have said, "proof of vote fraud should be aired to help protect elections for the state and country."

scott s.

I've never seen anything substantive, but I infer from my reading that the power granted to state legislature in USCONS II/1 is subject to the specific powers provided in the state constitution. So I don't know that a state legislature can act unilaterally unless provided for. Certainly in the normal course, state election law is created or amended the same as other law. (I had occasion as a non-lawyer citizen to try to understand the law in Hawaii while testifying in opposition to the "national popular vote compact" bill which was subsequently enacted over the governor's veto as Act 62 Session Laws of 2008.)

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name and email address are required. Email address will not be displayed with the comment.)

My Photo

February 2021

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
Blog powered by Typepad