WAFFLE: Arizona House Speaker Claims They Can’t Enforce Constitution, Won’t Commit To Calling Legislative Hearing
Bowers seems to have a shallow understanding of the Constitution.
Arizona House Speaker Rusty Bowers claims the state cannot enforce the Constitution regarding Electors, and won’t commit to calling a legislative hearing.
Speaker Bowers was one of the top Arizona legislators who on Friday called for an immediate and “expeditious” forensic audit of the Dominion voting machines and software used in Maricopa County, due to concerns that the machines may have been used to assist in massive voter fraud.
FOR IMMEDIATE RELEASE: Legislative Leaders call for audit of Maricopa County election software and equipment #AZSenate #AZleg #Election @AZHouseGOP pic.twitter.com/wDlr7v0fDT
— AZSenateRepublicans (@AZSenateGOP) December 4, 2020
However, following the publication of that statement, Bowers came out with one of his own, claiming that “the rule of law” forbids the overturning of certified election results, which Arizona has already done, even if there was clear evidence of voter fraud.
“The Trump team made claims that the election was tainted by fraud, but presented only theories, not proof,” Bowers said in the statement. “If such evidence existed, the Arizona Legislature simply couldn’t do what is being asked,” referring to calls for the Arizona Legislature to take control of the state’s Electoral College votes, claiming it would require a bipartisan supermajority to even call a special session to begin to contest it.
ARIZONA: GOP Chair Kelli Ward Calls for Immediate Legislative Hearing Into Voter Fraud
He argued that current Arizona law gives the power to voters to decide who wins the election. “The law was aimed at ensuring that Arizona’s electors would remain faithful to the vote of the people,” Speaker Bowers claimed, saying that “nothing in the US Constitution or the decisions of the US Supreme Court even suggests that the Arizona Legilsature could retroactively appoint different electors who would cast their ballots for different candidates.”
He noted that Rudy Giuliani and Jenna Ellis, Trump’s legal team, cited the Supreme Court Case McPherson vs Blacker [1892] during the previous election integrity hearings, which argues that the legislature “can resume the power to appoint [electors] at any time.” Ellis told Pennsylvania legislators that due to delegation of authority to the legislature via the Constitution, they can take that back:
You also have an instance here that the law was completely ignored, so even though you have a manner in which your electors are generally selected in Pennsylvania, and that’s worked for the past presidential elections since the statutes were authorised and gone through the legislature, this is an election that has been corrupted, so you can’t go through that method. Those laws were violated. The general assembly here, the legislature, is the authorised entity in the constitution that selects the manner. You can take that power back at any time.
Bowers disagreed, claiming that Bush vs Gore [2000], overrules this. He cited this passage from the decision: “When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental.”
“No election is perfect, and if there were evidence of illegal votes or an improper count, then Arizona law provides a process to contest the election: a lawsuit under state law,” Bowers continued. “But the law does not authorise the Legislature 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 reelect him. But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election. I and my fellow legislators swore an oath to support the US Constitution and the constitution and laws of the state of Arizona. It would violate that oath, the basic principles of republican government, and the rule of law if we attempted to nullify the people’s vote based on unsupported theories of fraud. Under the laws that we wrote and voted upon, Arizona voters choose who wins, and our system requires that their choice be respected.
Statement from the Speaker addressing calls for the Arizona Legislature to overturn 2020 certified election results. #AZLeg https://t.co/S7R7IQcA3w pic.twitter.com/25Nui7wXkQ
— AZ House Republicans (@AZHouseGOP) December 4, 2020
https://nationalfile.com/waffle-arizona-house-speaker-claims-they-cant-enforce-constitution-wont-commit-to-calling-legislative-hearing/