During its next session, the U.S. Supreme Court will consider the legal validity of the "Independent State Legislature" theory.

The case could cause a massive power shift in election administration. Broadly, a ruling endorsing the theory could bar state courts from weighing in on federal election policy, including redistricting.

Ethan Herenstein, counsel with the Democracy Program at the Brennan Center for Justice, said a previous Supreme Court ruling also blocked federal courts from weighing in on partisan gerrymandering.

"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 cautioned.

Proponents of the theory contend the constitution grants state legislatures broad authority to administer elections, although it also states "the Congress may at any time by law make or alter such regu­la­tions." Herenstein explains the principle would not shield states from violating other federal election laws, and transgressions such as racial gerrymandering could still be prosecuted in federal court.

According to the Brennan Center, the theory was first formed in 2000 by then-Chief Justice William Rehnquist. Since then, Herenstein pointed out it has moved from a fringe ideology to the center of American politics.

"The Independent State Legislature theory is an incredibly radical and unprecedented theory that would throw our elections into chaos," Herenstein argued. "It has been debunked from virtually every conceivable angle."

In a worst-case scenario, the Brennan Center reports legislatures could use the theory to refuse to certify election results and establish their own slate of presidential electors, a strategy virtually identical to a method President Donald Trump attempted to deploy to overturn the 2020 election. The Supreme Court will likely issue a decision on the case next summer.

Election Day is less than three weeks away and while the focus for most people is on casting their ballot, Pennsylvania also needs a lot more poll workers for the voting process to go smoothly.

Many of the 8.7 million registered voters in the state would be eligible to work at the polls for the Nov. 5 presidential elections.

Susan Gobreski, board member of the League of Women Voters of Pennsylvania, said prospective poll workers need to be registered to vote in the county where they want to work, and would need to be available for the entire day.

"There are over 9,000 precincts or divisions in Pennsylvania and there are about five poll workers per precinct or division, plus translators in some places," Gobreski outlined. "It's over 45,000 people who are needed."

She added poll workers are appointed by the community or elected every four years and are essential for ensuring the transparency and fairness of elections. Gobreski noted they come from diverse backgrounds and are responsible for administering the voting process and filling in when any vacancies arise.

Gobreski stressed Pennsylvania prioritizes the safety of poll workers and has implemented measures to ensure a seamless election process.

"If you're concerned about political violence, I think for the most part, that is something that people should learn about de-escalation," Gobreski explained. "People can always call the police. Election officials and safety officials are responsible for administering that and addressing those situations, so poll workers aren't expected to resolve those situations."

She noted election workers are paid. Exact rates vary by county. Training is offered prior to working on Election Day. The hours may start as early as 6:30 a.m. and polls close at 8 p.m.

This year's Election Day will be one of the most closely watched in history, and one concern of Illinois election officials is safety at polling sites.

The latest Brennan Center for Justice study showed since 2020, 992% of election officials nationwide have increased security for their workers and volunteers, as well as voters. The steps include forming emergency response plans and extra security at polling sites and election offices.

Ed Yohnka, director of communications and public policy for the ACLU of Illinois, said the fears are valid.

"One of the things that we will be doing, in Illinois and around the country, is monitoring to assure that there is not violence or intimidation at the polls," Yohnka explained. "Everybody, everybody, no matter who they support, has a right to go and vote and participate in this election on behalf of the candidate they support."

One tool of voter suppression is to create anxiety, Yohnka added. The ACLU of Illinois is encouraging people to prepare for Election Day in advance by having their proper ID with them and knowing how to obtain a provisional ballot if their name does not appear on a voting roster.

When people or groups position themselves near polling places to intimidate or threaten others, the goal may be to ultimately discourage people from voting at all. The actions may involve videotaping prospective voters as they approach a polling site, or taking pictures of their license plates.

Deceptive robocalls or targeting people of color are also forms of voter intimidation. Yohnka noted such occurrences "get into the wheelhouse" of the work the ACLU has done for more than a century.

"We're here to defend the civil liberties and civil rights of everyone, no matter who's the president, no matter who is in power in Congress, no matter who's in power at the state level," Yohnka stressed. "It gives us the capacity and the ability to challenge abuses, whether they come from either one of the major parties in power."

He emphasized the ACLU is nonpartisan and doesn't have a direct role in the electoral process. He added people must know their rights and how to exercise them, and not be intimidated.

Support for this reporting was provided by The Carnegie Corporation of New York.

Reports of intimidating text messages targeting Wisconsin college students and recent graduates are prompting more voting-rights outreach to young voters.

The anonymous text message warns recipients about voting in a state where they are not eligible, and says they could be fined or jailed for violating Wisconsin state law.

Recent graduate Molly Carmichael, communications manager with the League of Women Voters of Wisconsin, said the first thing she noticed when she got the text was the harsh language.

"Right off the bat I was pretty upset, because I figured this was also going out to other people, maybe people who have never voted before and are excited to vote this November. And so, getting a text like that would certainly be really alarming," she explained.

The League of Women Voters, along with Free Speech for People, petitioned the Wisconsin and U.S. Departments of Justice to investigate the matter.

Carmichael said they've also started a digital campaign promoting the Election Protection Hotline, trying to counter the harmful text with positive and correct information and resources.

Jay Heck, executive director of Common Cause Wisconsin, said interfering with the student vote is nothing new for Wisconsin, and is almost expected in the swing state.

"Students become a very convenient target for many of the people that are trying to undermine public confidence in voting in Wisconsin," he continued.

Heck said the state's strict photo ID law for voters may add confusion to the process for some college students whose school IDs may not be compliant with state law. Common Cause has a section on its website that outlines what college students need to vote in Wisconsin, including detailed examples of which IDs are permitted.

While continued outreach to college students is critical after this latest scheme, Heck hopes most students won't fall for it.

"The good thing about it is, I think younger people, by and large, are less susceptible to some of the stuff that they see and the texts that they get, because they're just more used to social media. And I think a lot of them are probably a little more savvy about whether it's true or not," Heck added.

Students who receive this type of text message or any other intimidating voting-related communications are encouraged to report it to the Election Protection Hotline at 866-OUR-VOTE.

Support for this reporting was provided by the Carnegie Corporation of New York.


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