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. W hether A rticle 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.