[Az Joe]

“The independent state legislature doctrine derives from a reading of the Constitution, which provides that ‘the times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.’ A separate provision says that presidential elections shall also be conducted in a manner determined by the state ‘legislature.’ “Both clauses refer to state legislatures, not state courts or state governors, so the idea behind the independent state legislature doctrine is that the legislative branch of each state gets to decide how federal elections are conducted without any input whatsoever from the other branches.”

Sounds great to me! The state legislatures can appoint presidential electors as well.

[Chewbarkah]

Good post. The Constitution clearly specifies that the State Legislatures determine how Presidential elections are to be conducted in their States. Judge Luttig and others want to pretend this incontrovertible FACT is just some old “independent state legislature doctrine” as if it were one among several.

But this begs the question: Which State Legislatures passed anything to disrupt or delay the Electoral College proceedings, or appointed different slates of electors, by Jan 6, 2021? I don’t recall there being any, much less enough to have changed the outcome. Guliani tried to get some of them to act, but they all wimped.