HUGE Victory in Arizona SCR1037

BOOM! AZ Legislature First in the Nation to Use Art.I,Sec.4,Cl.1 USC

Phoenix, AZ May 22, 2023, In my SubStack post on May 16, I mentioned pay close attention to Article I, Section 4, Clause 1 of the Constitution of the United States.

“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof;”

You may ask, what does this mean? The Arizona Legislature passed Senate Concurrent Resolution 1037 (SCR1037), which does not require the signature of the Governor because it is not a “bill”. Nowhere in Article I of the Constitution of the United States is there a provision for the Executive branch to take action, essentially “separation of powers”. In effect, the “resolution” establishes superseding law using Article I, Section 4, Clause 1 to assert the plenary —absolute— power and authority that the State Legislature possess. It is a very narrow use case, but powerful nonetheless.

In a nutshell, the Legislature has forbade the use of electronic voting systems unless they meet DoD security standards as the primary means of vote tabulation. For more on SCR1037 see below.

Also last Tuesday, May 16, Governor Katie Hobbs vetoed HB2613, an important public policy measure passed by the Legislature to bring greater security and transparency to the elections process. She turned her back on election security and transparency, the bill would have…