which states that “in a Presidential election the clearly expressed intent of the legislature must prevail.” 531 U.S. at 120 (Rehnquist, C.J., concurring).
State legislatures—such as the Georgia General Assembly—possess the authority to delegate their authority over elections to state officials in conformity with the Elections and Electors Clauses. Ariz. State Legislature, 576 U.S. at 816 (“The Elections Clause [] is not reasonably read to disarm States from adopting modes of legislation that place the lead rein in the people’s hands… it is characteristic of our federal system that States retain autonomy to establish their own governmental processes.”). See also Corman v. Torres, 287 F. Supp. 3d 558, 573 (M.D. Pa. 2018) (“The Elections Clause, therefore, affirmatively grants rights to state legislatures, and under Supreme Court precedent, to other entities to which a state may, consistent with the Constitution, delegate lawmaking authority.”). Cf. Bullock, 2020 WL 5810556, at *11 (“A survey of the relevant case law makes clear that the term ‘Legislature’ as used in the Elections Clause is not confined to a state’s legislative body.”).
Recognizing that Secretary Raffensperger is “the state’s chief election official,”[1] the General Assembly enacted legislation permitting him (in his official
- ↑ O.C.G.A. § 21-2-50(b).
