PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.C.R. 2055
(Reference to printed resolution)
Page 1, before line 1, insert:
"Whereas, state legislatures have complete authority over presidential elections granted by way of article II, section 1, clause 2, Constitution of the United States, and the full and complete plenary authority granted to the state legislatures provides that each state shall appoint, through their legislature, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress; and
Whereas, the Arizona legislature wishes to declare its full and complete plenary authority over the manner of the presidential election that is granted to it in article II, section 1, clause 2, Constitution of the United States; and
Whereas, history has recently favored the voters themselves voting for presidential electors. The state has the full and complete authority to change the manner of the presidential election at any time and can take back the power to change its manner. The right of the legislature to resume the power of choosing the presidential electors at any time, which constitutes changing the manner of the election, can neither be taken away nor abdicated; and
Whereas, each successive state legislature has exclusive power to appoint the presidential electors, independent of any previous legislature, and it may select the electors itself, which was the manner used by state legislatures in several states for years after the establishment of our Constitution: the time, manner and place can be changed at any time; and
Whereas, the last two elections have been riddled with controversy and lawsuits with rules, forms and procedures of the election broken that has led to low public confidence in how elections are run; and public distrust in our elections has been steadily declining and no significant change in election security has been implemented since 2020 to protect the people's presidential vote in 2024; and the only way to protect the people's presidential vote in 2024 is to control the manner of its election; and
Whereas, Colorado, with nine electors, and Maine, with four electors, have removed a republican candidate from the ballot and are unlawfully taking away the people's voice to vote for whom they want to represent them in the executive branch as president of the United States; and
Whereas, the supreme court of the United States has repeatedly agreed that the state legislature has the full and complete authority regarding presidential electors: Selecting the manner for appointing is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by state legislatures in several States for many years after the framing of our Constitution; and, after granting the franchise in the special context of article II, can take back the power to appoint electors. McPherson v. Blacker, 146 U.S. 1, 35 (1892). "There is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated" (Senate Rep. 1st Sess. 43rd Cong. No. 395); and
Whereas, Moore v. Harper, 600 U.S. 1 (2023) distinctly shows the state legislatures' plenary authority by stating with reference to McPherson v. Blacker, 146 U.S. 1 (1892), "We upheld that decision, explaining that in choosing Presidential electors, the Clause "leaves it to the legislature exclusively to define the method of affecting the object." 146 U.S., at 27."; and, Moore v. Harper says the legislative federal function to appoint electors is a Federal function, not a lawmaking function, and protected by article II, section 1, clause 2, Constitution of the United States; and
Whereas, the United State supreme court made it very clear that the "elections clause" and the president of the United States electors clause are both rooted in history, holding that historical practice is the most "pertinent" factor they look at and that the supreme court of the United States acknowledged that legislatures appointed electors from 1788 to 1876; and
Whereas, Ray v. Blair, 343 U.S. 214 (1952) states "The presidential electors exercise a federal function in balloting for President and Vice-President, but they are not federal officers.... they act by authority of the state, that, in turn, receives its authority from the federal constitution." 343 U.S. at 224-225; and
Whereas, Hawke v. Smith, 253 U.S. 221 (1920) states "It is true the power to legislate in the enactment of the laws of a state is derived from the people of the state. But the power to ratify a proposed amendment to the federal Constitution has its source in the federal Constitution. The act of ratification by the state derives its authority from the federal Constitution, to which the state and its people have alike assented", 253. U.S. at 230, showing the legislature does not need permission from anyone because it is not done by legislation. It is a Federal function. Hawke v, Smith held that legislatures are not bound by state laws and regulations to exercise unique federal functions; and
Whereas, Bush v. Gore, 531 U.S. 98 (2000), states the individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the electoral college, 531 U.S. at 104; and
Whereas, the supremacy clause of the Constitution of the United States supersedes any statute in this state that says a statewide popular vote is the means to choose electors because the Arizona legislature has plenary authority granted in the United States Constitution under article II, section 1, clause 2; and
Whereas, there is nothing in the Constitution of Arizona that conflicts with the Constitution of the United States to prohibit or constrain the Arizona legislature from using its article II, section 1, clause 2 authority to change the manner of the presidential election for 2024.
Therefore"
Page 1, strike everything after the resolving clause and insert:
"1. To change the manner of the presidential election by appointing the eleven presidential electors to the republican primary winner to offset the removal of a republican candidate from the ballot in Colorado and Maine.
2. That Governor Hobbs sign the election reform measures listed below, and if not, the presidential electors be appointed to protect the 2024 presidential election from another maladministered and illegally run election.
3. That the 2024 presidential election reform bill should include the following:
(a) Compliance with article VII, section 11, Constitution of Arizona, by having an election on election day only.
(b) A vote by precincts with identification and proof of citizenship, a hand count of ballots in each precinct, ballot results reported from precincts with all signatures verified and without the use of machines and without mailed-in ballots except for absentee ballots.
4. That the Secretary of State of the State of Arizona transmit a copy of this Resolution to the Governor of Arizona."
Amend title to conform