REFERENCE TITLE: appointment of presidential electors

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

SCR 1002

Introduced by

Senator Townsend

A CONCURRENT RESOLUTION

appointing presidential electors for the 2020 election.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Whereas, it is the constitutional and legal obligation of the Legislature of the State of Arizona to ensure that the state's presidential electors truly represent the will of the voters of Arizona; and

Whereas, pursuant to the direction of Congress as set forth in United States Code title 3, section 1 as authorized by article II, section 1, clause 4 of the Constitution of the United States, and state law adopted pursuant thereto, Arizona conducted an election for presidential electors on the Tuesday next after the first Monday in November 2020—that is, on November 3, 2020; and

Whereas, that election was marred by irregularities so significant as to render it highly doubtful whether the certified results accurately represent the will of the voters; and

Whereas, Congress has further directed in United States Code title 3, section 2 that when a state "has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such manner as the legislature of such State may direct"; and

Whereas, that provision implicitly recognizes that article II, section 1, clause 2 of the United States Constitution grants to each state legislature, with stated limitations, the sole authority to prescribe the manner of appointing electors for that state; and

Whereas, the United States Supreme Court and other courts have explained that when a state legislature directs the manner of appointing electors, it does so pursuant to a grant of authority from the United States Constitution rather than by reason of any state constitutional or other legal provision, that this authority may be exercised by the legislature alone without other aspects of the normal lawmaking process, and that the state legislature's authority over the appointment of presidential electors is plenary and may be resumed at any time; and

Whereas, because United States Code title 3, section 7 mandates that all presidential electors vote for President and Vice President of the United States on December 14, 2020, it is impossible to pursue this Legislature's preferred course of action, which would be for Arizona's voters to participate in a new, fair and free presidential election before that date; and

Whereas, in view of the facts heretofore recited, the Legislature is required to exercise its best judgment as to which slate of electors the voters prefer.

Therefore

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

That the following individuals be and are hereby appointed presidential electors for the State of Arizona for the presidential election of 2020, any other certification or provision of law notwithstanding:

1.  Tyler Bowyer.

2.  Nancy Cottle.

3.  Jake Hoffman.

4.  Anthony Kern.

5.  Jim Lamon.

6.  Robert Montgomery.

7.  Sam Moorhead.

8.  Loraine Pellegrino.

9.  Greg Safsten.

10.  Kelli Ward.

11.  Mike Ward.