Forwarded from Senator Kelly Townsend
We have at least two opinions that have advised us regarding the process of how Arizona would decertify a Presidential election. Neither of these two opinions seem promising. Nevertheless, if I were Donald Trump, I would certainly bring to court a challenge after an audit if it showed wrongdoing. The statutes and laws in place right now seem to not allow any decertification at this point, however, (not speaking as an attorney) I would imagine that a challenge in court should be attempted, if warranted. I do not see a current legal mechanism legally for legislators to just simply decertify. I don't think that would survive a court challenge based on current statute. In my thinking, I believe it would have to be the candidate who feels with new information that they were wrong, to bring this to court.
Please see the opinion below and tell me what you think:
ARIZONA LEGISLATIVE COUNCIL MEMO
QUESTION
Is there a mechanism to decertify a presidential election?
ANSWER
Federal law provides for determination of election challenges regarding
presidential electors in each state pursuant to state law. In Arizona, the contest of an
election of presidential electors must be instituted within five days after completion of the
election canvass. When Congress reviews the votes submitted by presidential electors, members of the House of Representatives and Senate may object to the votes. A vote
may be rejected on the concurrent vote of both houses. There is no other provision in the United States Constitution or federal law to challenge a presidential election.
DISCUSSION
In regard to presidential electors, the United States Constitution provides:
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 ennoscriptd 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.
U.S. Const. art. II, § 1, cl. 2.
Under this authority, the legislature may select the presidential electors, it may
allow the voters to select the presidential electors and it may change how the electors are
selected. McPherson v. Blacker, 146 U.S. 1, 35 (1892); Bush v. Gore, 531 U.S. 98, 104
(2000). However, the Constitution provides that Congress determines the time of choosing presidential electors. U.S. Const. art. II, § 1, cl. 4. The Court in McPherson 2
and Bush did not address this congressional authority because it was not an issue in those
cases. Under its constitutional authority, Congress has directed that "[t]he electors of
President and Vice President shall be appointed, in each State, on the Tuesday next after
the first Monday in November, in every fourth year succeeding every election of a President and Vice President." 3 United States Code (U.S.C.) § 1.
The Arizona legislature has prescribed the method of appointment of presidential
electors for this state by enacting several statutes, including Arizona Revised Statutes (A.R.S.) section 16-212, which provides in part:
A. On the first Tuesday after the first Monday in November, 1956,
and quadrennially thereafter, there shall be elected a number of presidential electors equal to the number of United States senators and representatives in Congress from this state.
B. After the secretary of state issues the statewide canvass
containing the results of a presidential election, the presidential electors of
this state shall cast their electoral college votes for the candidate for president and the candidate for vice president who jointly received the highest number of votes in this state as prescribed in the canvass.
The statutes also provide that the chair of the state committee of each political party that qualifies for a column on the general election ballot must appoint the candidates for the office of presidential elector for the respective political party. A.R.S. section 16-344.
Please see the opinion below and tell me what you think:
ARIZONA LEGISLATIVE COUNCIL MEMO
QUESTION
Is there a mechanism to decertify a presidential election?
ANSWER
Federal law provides for determination of election challenges regarding
presidential electors in each state pursuant to state law. In Arizona, the contest of an
election of presidential electors must be instituted within five days after completion of the
election canvass. When Congress reviews the votes submitted by presidential electors, members of the House of Representatives and Senate may object to the votes. A vote
may be rejected on the concurrent vote of both houses. There is no other provision in the United States Constitution or federal law to challenge a presidential election.
DISCUSSION
In regard to presidential electors, the United States Constitution provides:
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 ennoscriptd 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.
U.S. Const. art. II, § 1, cl. 2.
Under this authority, the legislature may select the presidential electors, it may
allow the voters to select the presidential electors and it may change how the electors are
selected. McPherson v. Blacker, 146 U.S. 1, 35 (1892); Bush v. Gore, 531 U.S. 98, 104
(2000). However, the Constitution provides that Congress determines the time of choosing presidential electors. U.S. Const. art. II, § 1, cl. 4. The Court in McPherson 2
and Bush did not address this congressional authority because it was not an issue in those
cases. Under its constitutional authority, Congress has directed that "[t]he electors of
President and Vice President shall be appointed, in each State, on the Tuesday next after
the first Monday in November, in every fourth year succeeding every election of a President and Vice President." 3 United States Code (U.S.C.) § 1.
The Arizona legislature has prescribed the method of appointment of presidential
electors for this state by enacting several statutes, including Arizona Revised Statutes (A.R.S.) section 16-212, which provides in part:
A. On the first Tuesday after the first Monday in November, 1956,
and quadrennially thereafter, there shall be elected a number of presidential electors equal to the number of United States senators and representatives in Congress from this state.
B. After the secretary of state issues the statewide canvass
containing the results of a presidential election, the presidential electors of
this state shall cast their electoral college votes for the candidate for president and the candidate for vice president who jointly received the highest number of votes in this state as prescribed in the canvass.
The statutes also provide that the chair of the state committee of each political party that qualifies for a column on the general election ballot must appoint the candidates for the office of presidential elector for the respective political party. A.R.S. section 16-344.
Forwarded from Senator Kelly Townsend
Federal law addresses the determination of controversies as to the appointment of
presidential electors. 3 U.S.C. §
5. The so-called safe harbor provision states:
If any State shall have provided, by laws enacted prior to the day
fixed for the appointment of the electors, for its final determination of any
controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and
such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to
such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.
3 U.S.C. § 5 (emphasis added).
This section states that if a state has in place before an election is held a law that
prescribes procedures to resolve any controversy about the election, the resolution made 3 pursuant to these procedures will govern in the counting of electoral votes if the
resolution is made at least six days before the presidential electors meet. While this
section is not exclusive, it clearly expresses the congressional preference for
controversies to be determined through processes established by law. The legislature has enacted procedures to contest elections in A.R.S. noscript 16, chapter 4, article 13.
An elector may contest a statewide election for a variety of reasons, including misconduct by election officials, counting illegal votes and erroneous counting of votes.
A.R.S. section 16-672. A contest is made by filing an action in superior court. Id. A person contesting a statewide election must file a statement that identifies the parties and the reasons for the contest with the court within five days after completion of the canvass of the election.
A.R.S. section 16-673.
So, in Arizona, an elector may contest the election of presidential electors according to the law in effect at the time of the election. Under the current law, a contest must be filed within five days after the completion of the canvas of the election at which presidential electors are selected. If the determination of the court concerning the challenge is made at least six days before the meeting of the presidential electors, the determination of the court is conclusive.
Federal law does provide that members of Congress may object to a state's
submission of presidential electors at the time of counting electoral votes. 3 U.S.C. §
15. Each objection must be signed by at least one member of the House of
Representatives and one member of the Senate. Id. The House and the Senate
separately consider the objections to a state's submission of presidential electors. Id.
The determination of each house is limited because:
[N]o electoral vote or votes from any State which shall have been
regularly given by electors whose appointment has been lawfully certified
to according to section 6 of this noscript from which but one return has been received shall be rejected, but the two Houses concurrently may reject the
vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified.
Id.
This section allows Congress to reject votes submitted by presidential electors from a state based on irregularities in the selection of the presidential
electors or in the voting by the electors. However, in making this determination,
Congress is bound by any decision made in an election challenge that complies
with 3 U.S.C. § 5.
We have not found any other provision of the United States Constitution or
presidential electors. 3 U.S.C. §
5. The so-called safe harbor provision states:
If any State shall have provided, by laws enacted prior to the day
fixed for the appointment of the electors, for its final determination of any
controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and
such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to
such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.
3 U.S.C. § 5 (emphasis added).
This section states that if a state has in place before an election is held a law that
prescribes procedures to resolve any controversy about the election, the resolution made 3 pursuant to these procedures will govern in the counting of electoral votes if the
resolution is made at least six days before the presidential electors meet. While this
section is not exclusive, it clearly expresses the congressional preference for
controversies to be determined through processes established by law. The legislature has enacted procedures to contest elections in A.R.S. noscript 16, chapter 4, article 13.
An elector may contest a statewide election for a variety of reasons, including misconduct by election officials, counting illegal votes and erroneous counting of votes.
A.R.S. section 16-672. A contest is made by filing an action in superior court. Id. A person contesting a statewide election must file a statement that identifies the parties and the reasons for the contest with the court within five days after completion of the canvass of the election.
A.R.S. section 16-673.
So, in Arizona, an elector may contest the election of presidential electors according to the law in effect at the time of the election. Under the current law, a contest must be filed within five days after the completion of the canvas of the election at which presidential electors are selected. If the determination of the court concerning the challenge is made at least six days before the meeting of the presidential electors, the determination of the court is conclusive.
Federal law does provide that members of Congress may object to a state's
submission of presidential electors at the time of counting electoral votes. 3 U.S.C. §
15. Each objection must be signed by at least one member of the House of
Representatives and one member of the Senate. Id. The House and the Senate
separately consider the objections to a state's submission of presidential electors. Id.
The determination of each house is limited because:
[N]o electoral vote or votes from any State which shall have been
regularly given by electors whose appointment has been lawfully certified
to according to section 6 of this noscript from which but one return has been received shall be rejected, but the two Houses concurrently may reject the
vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified.
Id.
This section allows Congress to reject votes submitted by presidential electors from a state based on irregularities in the selection of the presidential
electors or in the voting by the electors. However, in making this determination,
Congress is bound by any decision made in an election challenge that complies
with 3 U.S.C. § 5.
We have not found any other provision of the United States Constitution or
Forwarded from Chris
A stolen election CAN NOT STAND. PERIOD. End of story. What's the point of having any laws if they wont be followed by ALL
Big part of the coverup. Not one but TWO unarmed female Trump supporters were killed by police on January 6. That’s why they won’t release all the footage and why they attempted to turn Gonell and Dunn into heroes. They helped coverup—Gonell was one of the cops beating unarmed peaceful people.
https://twitter.com/julie_kelly2/status/1441027943715721217?s=19
Thread
https://twitter.com/julie_kelly2/status/1441027943715721217?s=19
Thread
Twitter
Julie Kelly 🇺🇸
You’ll notice at the very beginning of this clip this is when Roseanne Boyland’s body is on the ground. People are begging for help and cops continue to attack protesters outside the tunnel… twitter.com/ZoeTillman/sta…
Forwarded from Disclose.tv
NEW - A new analysis, "The COVID Network," shows the complex relationships and financial flows between non-governmental organizations (NGOs), companies, documents, and people.
https://www.disclose.tv/the-covid-network-an-analysis/
@disclosetv
https://www.disclose.tv/the-covid-network-an-analysis/
@disclosetv
Forwarded from Captain Keshel and Co. American Election Integrity HQ
Hello friends from the great state of Minnesota:
“Republican” State Rep Dale Lueck says there is no fraud in Minnesota. None.
I guess he missed the part where AG Keith Ellison tweeted late in the afternoon of 11/3 that the MN Dems didn’t have enough votes to beat Trump (begging people to come vote) - right before Biden beat Trump in a right-shifting state as bad as Obama beat Romney.
I would email him at rep.dale.lueck@public.govdelivery.com but I am busy.
Also
rep.dale.lueck@house.mn.gov
“Republican” State Rep Dale Lueck says there is no fraud in Minnesota. None.
I guess he missed the part where AG Keith Ellison tweeted late in the afternoon of 11/3 that the MN Dems didn’t have enough votes to beat Trump (begging people to come vote) - right before Biden beat Trump in a right-shifting state as bad as Obama beat Romney.
I would email him at rep.dale.lueck@public.govdelivery.com but I am busy.
Also
rep.dale.lueck@house.mn.gov
Forwarded from Praying Medic (Dave Hayes)
POTUS45 will be announcing several endorsements soon including an endorsement for the governor of Arizona.
https://news.1rj.ru/str/MidnightRiderChannel/40853
https://news.1rj.ru/str/MidnightRiderChannel/40853
Telegram
Midnight Rider Channel
President Trump interview this morning 9/23/21
Dominion is having a bad week. It’s going to get worse tomorrow.
Forwarded from Dan Scavino 🇺🇸
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VIEW IN TELEGRAM
BREAKING: Supreme Court of New York has dismissed the Dominion case against Rudy Giuliani. Patriots get a win!
@Qtah_17
@Qtah_17
❤1
Watch this NEW video. The FEDS dressed in black our the first ones to break the windows at the capital and then they open the doors and let everyone else in. Set up on 1/6 NEVER FORGOT https://twitter.com/IWROB76/status/1440813555155046400?s=20
Twitter
IWROB
@Cernovich Here's how that started
Fuck These Elitists. #resist #rebel #donotcomply #theresistance #justsayno #massnoncompliance #civildisobedience 👇
Forwarded from Disclose.tv
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NOW - Everyone to comply with the U.S. Capitol mask mandate already! Exception: Speaker "Queen" Nancy Pelosi.
@disclosetv
@disclosetv
Forwarded from Disclose.tv
JUST IN - Sweden to lift virtually all #COVID19 restrictions from September 29, scraps vaccine passport plans (for now), the Public Health Agency announced at a press conference today.
@disclosetv
@disclosetv
Forwarded from Praying Medic (Dave Hayes)
A Letter from POTUS45 to Governor Abbot
Dear Governor Abbott,
Despite my big win in Texas, I hear Texans want an election audit! You know your fellow Texans have big questions about the November 2020 Election. Bills to audit elections in your great state's House and Senate were considered during Texas' Second Special Session. Instead, the legislature passed a watered-down amendment that doesn’t even apply to the 2020 Presidential Election. This short amendment doesn't answer the questions Texans have about the last election. Texans demand a real audit to completely address their concerns.
We need HB 16, which was just filed in the Third Special Session. This legislation specifically addresses the 2020 Presidential Election, and enables audits for future elections. The bill creates a process for candidates and party chairs to initiate an audit, and uses the same language as SB 97, which already passed the Texas State Senate, but did not have enough time to make it through the House during the Second Special Session.
Texas needs you to act now. Your Third Special Session is the perfect, and maybe last, opportunity to pass this audit bill. Time is running out. Paper ballots in your state are only kept for 22 months after the election. Your citizens don’t trust the election system, and they want your leadership on this issue, which is the number one thing they care about. It is their most important issue—one that will affect 2022 and 2024.
Governor Abbott, we need a "Forensic Audit of the 2020 Election" added to the call. We're quickly running out of time and it must be done this week. Texans know voting fraud occurred in some of their counties. Let's get to the bottom of the 2020 Presidential Election Scam!
Donald J. Trump
Dear Governor Abbott,
Despite my big win in Texas, I hear Texans want an election audit! You know your fellow Texans have big questions about the November 2020 Election. Bills to audit elections in your great state's House and Senate were considered during Texas' Second Special Session. Instead, the legislature passed a watered-down amendment that doesn’t even apply to the 2020 Presidential Election. This short amendment doesn't answer the questions Texans have about the last election. Texans demand a real audit to completely address their concerns.
We need HB 16, which was just filed in the Third Special Session. This legislation specifically addresses the 2020 Presidential Election, and enables audits for future elections. The bill creates a process for candidates and party chairs to initiate an audit, and uses the same language as SB 97, which already passed the Texas State Senate, but did not have enough time to make it through the House during the Second Special Session.
Texas needs you to act now. Your Third Special Session is the perfect, and maybe last, opportunity to pass this audit bill. Time is running out. Paper ballots in your state are only kept for 22 months after the election. Your citizens don’t trust the election system, and they want your leadership on this issue, which is the number one thing they care about. It is their most important issue—one that will affect 2022 and 2024.
Governor Abbott, we need a "Forensic Audit of the 2020 Election" added to the call. We're quickly running out of time and it must be done this week. Texans know voting fraud occurred in some of their counties. Let's get to the bottom of the 2020 Presidential Election Scam!
Donald J. Trump
Forwarded from EZAZ.org | AZ Civic Action EASY as Pie
🚨ALL HANDS ON DECK TO SAVE ARIZONA'S ELECTIONS!
Secretary Katie Hobbs is unilaterally trying to override the Legislature and the Courts by creating fake law in the Election Manual in conflict to our existing laws.
If we don't STOP HOBBS her fraudulent fake laws will govern our next election! We must stop her!
👉 Go to EZAZ.org for instructions and links as to how to contact Attorney General Brnovich.
Please politely but firmly ask for a JOINT LEGISLATIVE Election Committee to review Hobbs Election Manual and provide a recommendation to take out her attempts to legalize an open door for fraud!
🔗Follow us @ https://news.1rj.ru/str/ezazpie
Secretary Katie Hobbs is unilaterally trying to override the Legislature and the Courts by creating fake law in the Election Manual in conflict to our existing laws.
If we don't STOP HOBBS her fraudulent fake laws will govern our next election! We must stop her!
👉 Go to EZAZ.org for instructions and links as to how to contact Attorney General Brnovich.
Please politely but firmly ask for a JOINT LEGISLATIVE Election Committee to review Hobbs Election Manual and provide a recommendation to take out her attempts to legalize an open door for fraud!
🔗Follow us @ https://news.1rj.ru/str/ezazpie
Forwarded from Praying Medic (Dave Hayes)
POTUS45 will move his headquarters from Bedminster NJ to Mar-a-Lago.
https://www.foxnews.com/politics/trump-moving-political-hq-back-to-mar-a-lago
https://www.foxnews.com/politics/trump-moving-political-hq-back-to-mar-a-lago
Fox News
Trump moving political HQ back to Mar-a-Lago
A top adviser to Donald Trump says that with the onset of autumn, the former president has moved his residence and political operation back to his Mar-a-Lago resort in Palm Beach, Florida.
Forwarded from Ryne N
This is Cameron. Cameron was my every day work partner, but more than that he was a good friend. He’s dead now. He died a few days after his second Pfizer vaccine shot. He got the 2nd shot last Tuesday, missed work not feeling well Wednesday, Thursday and Friday. Dead on Saturday. He was 28 years old. I saw him on Friday the day before he died. He was obviously in the middle of some adverse reaction as him and his friend who got vaccinated with him were both wearing hoodies when it was hotter than fuck outside (this is common with this vaccine). I don’t know many details but the main point I want to drive home is this: if you’re considering getting this godforsaken science experiment of a vaccine, I implore you DO NOT GET IT. Use your fucking head. I have had 2 coworkers have a heart attack and a 3rd one die from this shit. If you want to pump your body full of this pseudoscientific trailer park alchemist bullshit, be my guest. But you are not the only one who will be affected by your poor decision. Just remember that