In its next session, the U.S. Supreme Court will weigh a congressional gerrymandering case from North Carolina, and the court's ruling could have a significant impact on the bipartisan Wisconsin Elections Commission.
The case centers around the "Independent State Legislature Theory" (ISLT), which holds legislatures have broad authority to manage federal elections and redistricting.
Ethan Herenstein, counsel with the Democracy Program at the Brennan Center for Justice, said the most extreme version of the theory could bar legislatures from sharing any election power with other state actors.
"And that would mean that the Wisconsin Elections Commission wouldn't be permitted to help run federal elections, even if the Legislature asked it to," Herenstein explained. "The ISLT is radical; this would be doubly so."
In another scenario, which Herenstein acknowledged the court is unlikely to endorse, the Legislature could pass a law dissolving or diminishing the power of the elections commission, and Gov. Tony Evers would be unable to veto it, as it pertains to federal elections.
The bipartisan elections commission has recently found itself in GOP crosshairs, as many Republican legislators allege it has mishandled the state's elections, and have called for its dissolution.
A ruling endorsing the Independent State Legislature theory would have far-reaching implications, specifically in the realm of redistricting. According to the Brennan Center, the principle could be used to block state courts from weighing in on federal redistricting cases.
Herenstein argued it is a serious problem, since a prior Supreme Court ruling blocked federal courts from weighing partisan gerrymandering claims.
"So, in short, if the Supreme Court were to rule for the gerrymanderers in North Carolina, that may mean that state legislatures are free, when it comes to congressional elections, to gerrymander to their heart's delight and there will be no court available to stop them," Herenstein asserted.
But Herenstein added federal courts still could consider cases where lawmakers break other federal election and redistricting rules, such as racial gerrymandering. The Supreme Court will likely hand down a ruling in the North Carolina case next summer.
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An Arkansas mayor joined city leaders from across the country for the National League of Cities Congressional City Conference in the nation's capital this week, and discussed some of the most pressing issues facing communities, from transportation to public safety.
Jonas Anderson, mayor of Cave City and president of the Arkansas Municipal League, focused on education, cybersecurity, and workforce training, but said infrastructure took the spotlight. He pointed out federal funding from the American Rescue Plan Act is being put to use at home in Cave City.
"And we were able to utilize those funds to make some major improvements in our water and sewer system," Anderson explained. "We've actually been doing that the last couple of years, we just wrapped up one project on that we're looking forward to doing another one this summer"
The American Rescue Plan Act allocated nearly $2.6 billion to Arkansas for COVID-19 response needs, fill revenue shortfalls, and address the unequal impact of the pandemic on certain populations. The money must be used by Dec. 31, 2024.
As a rural community with fewer than 2,000 residents, Anderson acknowledged Cave City faces funding challenges based on its small population and added he is working with area partners to seek additional money for a revitalization project.
"We've purchased a few historic properties in our old downtown section," Anderson outlined. "We're actually going to renovate those and convert those into City Hall offices, police department building for them to utilize, and then we're going to use one as a kind of a public space pocket park area."
Anderson added Cave City and its partners are also seeking local and federal funds for other projects, and applying for recreation and tourism grants.
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Idaho students are not letting their right to vote with a school ID go down without a fight.
Earlier this month, state lawmakers passed legislation to prohibit the use of student IDs as a valid form of identification when voting.
Matt Gordon, an attorney representing the groups Babe Vote and March for Our Lives Idaho, which filed suit to challenge the law, said it is a direct attack on Idaho students' ability to vote.
"When you remove a form of identification that students have and that they can show at the polls for voting, that does make it harder for some students to vote, particularly students for whom that is the only form of acceptable identification that they might have to show at the polls," Gordon contended.
Gordon noted the legislation comes at a time when youth voter registration has surged. An analysis of 2022 compared with 2018 found registration for people ages 18 and 19 in the state jumped 81%, the highest in the nation. Lawmakers who supported the bill said it is needed to counter voter fraud.
However, Gordon noted lawmakers, as well as the Secretary of State, could not cite any cases to support this claim.
"The evidence just isn't there," Gordon argued. "They presented no evidence of any fraud associated with the use of student IDs to vote."
Gordon added the aim is to have this case resolved before the 2024 election, so students understand what kind of identification they need, or need to obtain, to vote next year.
Support for this reporting was provided by The Carnegie Corporation of New York.
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There's no rest for Georgia's voting rights groups in this non-election year, though another slew of voting restrictions proposed by a group of Republican legislators is on hold for now.
Advocates are on alert for the possible return of Senate Bill 221 - which would make registering to vote in Georgia even more challenging, ban all ballot drop boxes, and require mandatory audits after every election.
Albany Voter's Coalition Chair Delinda Bryant said recent events have amplified the need for their efforts.
"There is never an off-year," said Bryant. "People are turning 18 every year. I think it needs to start early getting people accustomed, getting used to getting out and exercising their rights. Voting controls your entire life."
Last fall's voting rates already took a hit, after SB 202 went into effect, which Bryant says made voting much less convenient.
SB 202 took away some ballot boxes and allowed individuals to object to voters for any reason. Data from Georgia's Secretary of State shows absentee and mail-in ballot usage in January's run-off was down 36% compared to the general election.
Supporters for additional voting restrictions argue they're needed for additional accuracy, despite the extra roadblocks to access.
Bryant said such challenges disproportionately affect minorities and people with disabilities.
As a result, the coalition intends to intensify its efforts to educate voters and work closely with community influencers to ensure that people are well-informed and ready for the upcoming elections.
"It's more than just getting them registered," said Bryant. "It's getting them educated too and that's what we are targeting this year."
Since the legislative session lasts for two years, SB 221 - and any bill that failed to pass - may be reintroduced next year.
Bryant emphasized that comprehending the legislative process and the long-term potential impact of bills is vital.
She also suggested that voting in local elections also plays a critical role in promoting education and fostering year-round voting initiatives.
Support for this reporting was provided by the Carnegie Corporation of New York.
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