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In reply to the discussion: MSNBC Breaking: Garland about to announce plan to secure voting rights! [View all]PortTack
(32,755 posts)Kristen Clarke recently appointed to the civil rights division of the doj is the perfect person for this challenge
Specifically, the Fourteenth Amendment to the Constitution prohibits states from taking away their citizens rights without due process of law. One such right, of course, is the right to vote. And the Supreme Court has made clear many times, in more than a hundred years worth of precedents, that the constitutional right to vote does not just mean the right to put a ballot in a box, but also the right to have that ballot counted toward determining the elections results. For a state legislature to invalidate a popular election would be equivalent to simply refusing to count the citizens votes. The Constitution unambiguously prohibits disenfranchising any eligible voters, much less an entire states worth.
More at the link
https://www.justsecurity.org/73274/no-state-legislatures-cannot-overrule-the-popular-vote/