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06 December 2020


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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.)

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