The Republican plaintiffs say Democratic Secretary of State Jocelyn Benson exceeded her authority and ignored the process for promulgating formal rules.
Republican attorney Robert Avers says a lot of the questions before the court could have been resolved if the secretary of state had worked through the bipartisan rule-making process.
“And absent compliance with that process, the rules are invalid. That’s exactly what happened here.”
Assistant Attorney General Heather Meingast says these standards are needed for Benson to do her job.
“These instructions do not conflict with the plain text nor legislative intent and they were neither arbitrary nor capricious.”
The Supreme Court is expected to rule soon.
