Arizona State Rep. Mark Finchem said, “There is a legal brief out there that says we are not tethered to state statue. When it comes to this one question, a simple majority can call the House and Senate back, and in a day pass a resolution, and cause those electors to basically be held. And it is binding. I’ll see you all in court.”
I believe this is true, and should be a blueprint for all these other state legislators who keep making process excuses for why they don’t do what the US Constitution clearly allows.
Savage Rider wrote:
“Arizona State Rep. Mark Finchem said, “There is a legal brief out there that says we are not tethered to state statue. When it comes to this one question, a simple majority can call the House and Senate back, and in a day pass a resolution, and cause those electors to basically be held. And it is binding. I’ll see you all in court.”
I believe this is true, and should be a blueprint for all these other state legislators who keep making process excuses for why they don’t do what the US Constitution clearly allows.”
Many thanks for this info!!!
The U.S. Supreme Court has ruled more than once (most recently in Bush v. Gore) that each state legislature has exclusive and plenary power to choose its electors for the electoral college. They can designate a method, such as a popular election, but they can pull their power back at any time and just choose the electors themselves.
In this area, they are not bound by state statutes or constitutions, because the U.S. Constitution (Article II, section 1) gives them the power to choose the electors.
They just need to recognize that they have this power and be willing to use it.
PA needs to take note.
Perhaps we'll hear what the USSC thinks about this in the next couple of weeks.