Arizona House President Rusty Bowers says the state cannot enforce the Constitution regarding voters and does not commit to calling a legislative hearing.
President Bowers was one of Arizona’s top lawmakers who called on Friday for an immediate and “swift” forensic audit of Dominion voting machines and software in use in Maricopa County, amid concerns that the machines could have been used to aid in massive electoral fraud.
However, following the release of that statement, Bowers released one, claiming that the “rule of law” prohibits the overturning of certified election results, which Arizona has already done, even if it does. there was clear evidence of electoral fraud.
“The Trump team claimed the election was tainted with fraud, but presented only theories, not evidence,” Bowers said in the statement. “If such evidence existed, the Arizona Legislature simply could not do what is asked of it,” referring to calls for the Arizona Legislature to take control of the votes from the state’s electoral college, saying it would take a bipartisan supermajority to even call a special session to start challenging it.
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He argued that current Arizona law gives the power to voters to decide who wins the election. “The law was intended to ensure that Arizona voters would stay true to the people’s vote,” President Bowers said, saying “nothing in the United States Constitution or in the decisions of the United States Supreme Court even suggests that the Arizona’s legislature could retroactively appoint different voters who would vote for different candidates. “
He noted that Rudy Giuliani and Jenna Ellis, Trump’s legal team, cited the Supreme Court case McPherson vs. Blacker  during previous hearings on electoral integrity, which argues that the legislature “can take back the power to appoint [electors] at any time. ”Ellis told lawmakers in Pennsylvania that due to the delegation of power to the legislature through the Constitution, they could take this back:
You also have an example here where the law was completely ignored, so even though you have a way your voters are usually selected in Pennsylvania, and it worked for the last presidential election since the statutes were authorized and passed through the legislature , it’s an election that has been corrupted, so you can’t go through this method. These laws have been broken. The general assembly here, the legislature, is the authorized entity in the constitution that chooses the way. You can take back this power at any time.
Bowers disagreed, claiming that Bush vs. Gore , cancel that. He quoted this passage from the ruling: “When the state legislature confers the right to vote for the president on its people, the right to vote as the legislature has prescribed is fundamental.”
“No election is perfect, and if there was evidence of illegal votes or an incorrect count, then Arizona law provides a process for contesting the election: a trial under the law of Arizona. the state, “Bowers continued. “But the law does not authorize the legislator to reverse the results of an election”:
As a conservative Republican, I don’t like the results of the presidential election. I voted for President Trump and worked hard to re-elect him. But I cannot and will not accept the idea that we are breaking current law to change the outcome of a certified election. My fellow lawmakers and I have sworn to support the U.S. Constitution and the Arizona state constitution and laws. It would violate this oath, the basic principles of Republican government and the rule of law if we attempted to overturn the people’s vote on the basis of unsubstantiated theories of fraud. Under the laws we drafted and passed, Arizona voters choose who wins, and our system demands that their choice be respected.
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However, there is seemingly clear evidence that suggests that President Bowers’ interpretation of the law, and therefore the Constitution, about what the Arizona Legislature can and cannot do is completely wrong. First, Article VI, Clause 2, is the “supremacy clause,” meaning that any state-level law that violates the Constitution (in this case saying that the legislature cannot take back the power of ‘issue voters) is canceled.
As noted in a Revolver News analysis article, federal law also requires state legislatures to have chosen their constituents by the second Wednesday in December (December 14 of this year). If they “have not made a choice on the day prescribed by law” then “the electors may be appointed on the following day in any manner that the legislature of this state may order”, clearly showing the power available to the legislature. . .
In fact, the case Bowers cites to make his own point, Bush vs. Gore, includes a section that again emphasizes the power highlighted in McPherson vs. Blacker:
The legislative power of the State to choose the manner of nominating voters is plenary; he can, if he wishes, select the voters himself. … The State, of course, after having granted the right to vote in the particular framework of Article II, can take back the power to appoint the voters. See id., at 35 (“[T]there is no doubt about the right of the legislator to take back power at any time, because it can neither be removed nor abdicated ”)
Bret Roberts, a representative for the State of Arizona, responded to the initial statement made by Bowers. “Several members [of the legislature] attended a Zoom meeting last night with constitutional scholar Rob Natelson of about 30 who refuted just about everything in this press release, ”Roberts tweeted.
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By saying that the Arizona legislature cannot take back the power to cast its own electoral college votes, President Bowers is ignoring not only the Constitution but also the rule of law itself that he seems to care about. so much.
He is already facing a phone campaign from Ali Alexander, one of the organizers of #StopTheSteal, among other angry voters, who threaten him with the primary if he continues to ignore the Constitution.
Bowers also refuses to initiate a legislative hearing with subpoena power that could investigate the results of the election. This is something that Arizona GOP Chairman Kelli Ward has repeatedly called for, following news about the Dominion Machine Audit in Maricopa County.
As the National File reported:
[Senate Speaker] Fann and Bowers, in their current positions, are the ones with the power to call a full legislative hearing, which Ward made clear on his Twitter. “Be proud when leaders (Fann or Bowers) ask for a FULL audience,” Ward said in response to Arizona State Senator-elect Wendy Rogers, who praised the call to the ‘audit. “A legislative hearing does NOT interfere with ongoing court cases. #DoYourJob, legislature! “
The hearing that took place in Arizona last week with Trump’s legal team Rudy Giuliani and Jenna Ellis was not a full official legislative hearing. A full hearing would include the power to subpoena anyone to speak and would also require witnesses and participants to take an oath during the proceedings. This would be a major step towards a thorough investigation into the irregularities that occurred during this election.
National File reached out to Bowers to ask his position on calling a legislative hearing and whether he believed he was depriving Arizona Republicans of the ability to have their concerns assuaged by an investigation by lawmakers, and did not receive response at time of posting.
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