The idea, known as the “independent legislature theory,” represents to some theorists a literal reading of the Constitution.
But in its most far-reaching interpretation, it could cut governors and state courts out of the decision-making process on election laws while giving state lawmakers free rein to change rules to favor their own party. The impact could extend to presidential elections in 2024 and beyond, experts say, making it easier for a legislature to disregard the will of its state’s citizens.
This immense power would go to legislative bodies that are themselves undemocratic, many advocates say, because they have been gerrymandered to create partisan districts, virtually ensuring the party-in-power’s candidates cannot be beaten. Republicans control both legislative chambers in 30 states and have been at the forefront of pushing the theory.