ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session

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HCR2055: military personnel; technical correction

S/E: presidential election; time; place; manner

Sponsor: Representative Jones, LD 17

Committee on Municipal Oversight & Elections

Summary of the Strike-Everything Amendment to HCR 2055

Overview

Declares certain rights and authorities the legislature has over the presidential election process and urges the Governor to sign specified election reforms.

History

Article II, § 1, clause 2 of the United States Constitution states: Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the state may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

Provisions

1. Declares that state legislatures have authority over presidential elections in their state as granted by article II, § 1, clause 2 of the United States Constitution. (Sec. 1)

2. Declares the Arizona legislature has full and complete plenary authority over the manner of presidential elections in the state. (Sec. 1)

3. States that although in the recent past presidential electors have been selected by voters, the legislature can resume appointing electors at any time and that this power cannot be taken away or abdicated. (Sec. 1)

4. Declares the only way to protect the people's presidential vote is for the legislature to control the manner of election due to the past controversies and distrust in the electoral system caused by the previous two elections. (Sec. 1)

5. Asserts the actions taken by Colorado and Maine to remove a republican candidate from the ballot are unlawful and take away the public's ability to choose whom they want to be the next President of the United States. (Sec. 1)

6. Provides the following Supreme Court rulings to demonstrate that citizens have no federal constitutional right to vote unless the state legislature chooses to hold a statewide election, and the state legislature has full authority regarding appointing presidential electors:

a) McPherson v. Blacker,

b) Moore v. Harper,

c) Ray v, Blair,

d) Hawke v, Smith,

e) Bush v. Gore. (Sec. 1)

7. Declares that due to the supremacy clause in the United States Constitution any state laws allowing for a statewide popular election would be superseded by Article II, § 1, clause 2 of the United States Constitution which gives the Arizona legislature the right to choose the manner of elections. (Sec. 1)

8. Resolves to change the manner of the presidential election by appointing Arizona's eleven presidential electors to the republican primary winner to offset the removal of a republican candidate from the primary ballot of Colorado and Maine. (Sec. 1)

9. Resolves that the presidential electors must be appointed in a manner that protects the 2024 presidential election from another maladministered and illegally run election. (Sec. 1)

10. Urges Governor Hobbs to sign a 2024 presidential election reform bill that includes the following measures:

a) compliance with article VII, § 11 of the Arizona Constitution by only having an election on election day;

b) a vote by precincts with identification and proof of citizenship;

c) a hand count of ballots in each precinct;

d) ballot results reported from precincts with all signatures verified and without the use of machine and without mailed in ballots except for absentee ballots. (Sec. 1)

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                        HCR 2055

Initials JH/MB          Page 0 Municipal Oversight & Elections

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