Press Release: Moore v. Harper a Major Win for Independent Redistricting Commissions and Impartial Election Administration Reforms

ERN Public Statement  

[WASHINGTON: June 27, 2023] – Today's decision by the U.S. Supreme Court in Moore v. Harper amounts to a major victory for election reformers. The Court definitively rejected the outrageous theory that state legislatures should be unconstrained by state constitutions or can operate free from state court judicial review when regulating federal elections.

As Senior Counsel G. Michael Parsons noted, the decision cleared the way for ERN’s core reform initiatives:

• The decision reaffirms, 6-3, that state constitutional provisions can bind state legislatures and prohibit partisan gerrymandering, upholding Arizona State Legislature v. Arizona Independent Redistricting Commission — a 2015 case vital to the Independent Redistricting Commission reform movement. Taking the threat to this precedent off the table is significant, especially because Chief Justice Roberts – who wrote a sharp dissent in the 2015 case – authored the majority opinion in Moore v. Harper.
• The decision protects the power of voters to regulate federal elections through the ballot measure process, where provided by state law.
• The decision suggests that many of ERN’s core impartial election administration reforms at the state level – such as a multi-stakeholder, neutral board of elections to oversee elections – should remain safe from the kinds of challenges that were raised in this case.

To be sure, the decision leaves open some questions – such as just how far state supreme courts can go in interpreting state constitutional provisions to protect against partisan gerrymandering of congressional districts.

But, for today, a strong majority of the Court firmly rejected a dangerous theory that posed a substantial threat to our democracy.

About ERN

Election Reformers Network (ERN) is a nonpartisan, nonprofit, public policy organization founded in 2017 by election experts with extensive experience in the United States and overseas. ERN creates and advances reforms that secure elections against partisan manipulation and bolster voter trust. Additional information is available at ElectionReformers.org.  

MEDIA CONTACT

Al Vanderklipp
press@electionreformers.org  

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