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zdmnecro 2 points ago +2 / -0

Seems pretty obvious ... what am I missing here?

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12ip [S] 2 points ago +2 / -0

The Chevron standards requires that Court’s defer to agency interpretations of law when rule making/issuing regulations. The argument would be that the legislator did pass election laws articulating how elections should be managed and electors selected; that those laws explicitly granted authority to issue associated and necessary regulations and procedures to the executive through election management agencies. The mail in changes made by the governors and election agencies would, they’d argue, flow from the law that the state Congress passed, thus be in compliance with Article II regarding state legislators. Our argument, using that same standard, would be that they overstepped their delegated authority and that the laws they are claiming authority under in no way contemplated these outcomes in an intelligible way; therefore, mail-in and signature related changes would be outside the scope of their authority to amend and be void. Toss out all the mail in votes.

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LearnedButt 4 points ago +4 / -0

More so than that, the so-called delegated authority actually superseded the statute. Chevron does not allow an agency to overturn statute on their own.

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12ip [S] 1 point ago +1 / -0

Even better!