Jonathan Lindsey, Michigan State Senator, et al. v. Gretchen Whitmer, Governor of Michigan, et al.
The Elections Clause expressly requires federal
election regulation by the States, namely that "[t]he Times,
Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by the
Legislature thereof." Art. I, § 4, cl. 1. This clause is an
express delegation of power to the state legislature to act
with respect to federal elections. U.S. Term Limits, Inc.
v. Thornton , 514 U.S. 779, 804–05 (1995). The Michigan
state constitution defines "legislature." By initiative,
citizens passed a state constitutional amendment that
directly affects federal elections. The state legislature,
as a body, did not challenge the legislative usurpation;
individual legislators did. However, the appellate court
adjudicated that individual legislators did not have Article
III standing. Accordingly, there is no Elections Clause
enforcement in Michigan and other states where state
legislatures do not sue.
Whether Article III standing exists for
individual state legislators, having an interest
or a right under a state constitution to vote
to support or defeat state laws regulating
federal elections, to challenge state executive
usurpations of the delegated powers expressly
granted to the state legislature under the
Elections Clause.
Whether Article III standing exists for individual state legislators to challenge state executive usurpations of delegated powers under the Elections Clause