Brennan Center Interactive Map Shows State Voting Laws Vulnerable Depending on SCOTUS Decision

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The Brennan Center at NYU School of Law, a nonpartisan law and policy institute that seeks to improve our systems of democracy and justice, recently released an interactive map we think is worth checking out.

Here’s the background: Early next month, the Supreme Court will hear arguments in Arizona Legislature v. Arizona Independent Redistricting Commission, which will decide whether voters in that state had the power (through a citizen ballot initiative) to establish an independent redistricting commission to redraw the state’s congressional maps every 10 years.

But nothing happens in a vacuum, and in this case, there are a ton of moving parts.

Here’s how the Brennan Center explained what might happen, depending on how the Supreme Court rules:

The case could invalidate congressional redistricting commissions in half a dozen states and also throw into doubt the tie-breaking procedures used in four states to resolve legislative deadlocks.

The ramifications of the case extend beyond redistricting, however. The Arizona Legislature’s constitutional challenge to the commission is based on the Constitution’s Elections Clause and contends that the clause should be read to mean that the “times, places and manner” of federal elections can be set only by state legislatures or by Congress. That clause governs not just redistricting plans but a wide range of laws related to federal elections. If Arizona’s independent commission is struck down as unconstitutional, at least 20 other state laws – also adopted by citizen ballot initiative – could fall, and dozens more could be at risk if the court adopts the narrowest reading of the clause.  In short, the ruling, expected in late spring or this summer, could be a blockbuster.

While none of Pennsylvania’s laws will be at risk, those in nearby Maryland and New Jersey are.

Want more info? Here it is.

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