The issue comes up every cycle but was in full bloom this time because of the allegation that state courts, local officials and secretaries of state were making up rules (usually to deal with covid) in contravention of state legislation (enacted by the legislature),”

“far from clear”

“If this practice becomes routine or institutionalized, then it converts elections into advisory exercises that legislatures can take or leave as they choose,” he said. “It undermines the central function of elections as the critical stage when consent of the governed is expressed. We do not know what impact these laws will have. In fact, we will only know once it is too late.”