Jen Fifield for VoteBeat:
Lydia Abril placed a Bible on the podium, adjusted the microphone, and told the elected officials in front of her that she wanted to pass along a message from God.
“Justice? You high and mighty politicians don’t even know the meaning of the word,” Abril read aloud from Psalm 58. The crowd behind her raised their hands in praise, wiggling their fingers in support. “The godly shall rejoice in the triumph of right, they shall walk the bloodstained fields of slaughtered, wicked men.”
The Wickenburg resident’s grievance with the Maricopa County supervisors? Their insistence on voting Monday to certify the county’s midterm election, as required by state law.
All across Arizona on Monday morning, from here, in the state’s largest county, south to Cochise County, and north to Mohave and Yavapai counties, the counties’ supervisors — mostly Republicans — have faced pressure for weeks to reject the election results by the Monday deadline. Republicans lost most top offices, including an open U.S. Senate seat, governor, and secretary of state. A GOP pressure campaign has targeted the supervisors in all corners of the state, demanding they rerun the election based on vague allegations of malfeasance and machine vulnerabilities. Crowds gathered in boardrooms, and speaker after speaker told supervisors across the state that they did not trust the election and wanted a new one.
In all counties but one, the supervisors followed state law and voted to certify their election. The exception was Cochise County. The two Republicans on the three-member board voted to discuss the certification again on Dec. 2 — Republican Supervisor Tom Crosby said they were not convinced the machines were properly certified, even though the secretary of state’s office has repeatedly sent emails to supervisors providing documentation. In response, the secretary of state’s office sued on Monday evening, asking a court to force the Cochise supervisors to certify.
The court will certainly do so, and will act before the secretary of state is required to certify the statewide election on Dec. 5, several election lawyers in the state told Votebeat last week.
Blake Hounshell in the NYT:
In the months before the midterm elections, a reporter for Time magazine asked Mark Finchem, the Republican nominee for secretary of state in Arizona, why he was so convinced that Donald Trump had won the state in 2020 despite all evidence to the contrary.
“It strains credibility,” Finchem responded. “Isn’t it interesting that I can’t find anyone who will admit that they voted for Joe Biden?”
It was as succinct an explanation as any for why so many Americans believed the 2020 election had been stolen. Republicans, especially those living in deep-red areas, knew so few Democrats that it beggared their imagination that anyone, as Finchem put it, would vote for one.
Now, two political scientists have put some rigor behind this idea. The more that voters were surrounded by other Republicans, Nicholas Clark and Rolfe Daus Peterson of Susquehanna University report in a forthcoming research paper, the more likely that they were to say that the 2020 election had been stolen, controlling for other factors….
The following is a guest post from Ethan Herenstein of the Brennan Center:
In their reply brief defending the independent state legislature theory (ISLT), the petitioners in Moore v. Harper doubled down on the assertion that when state legislatures make rules for congressional elections, they are performing a “federal function”—i.e., exercising federal power delegated by the federal Constitution, rather than state power conferred by state constitutions. This particular argument—which the petitioners raised multiple times in their reply brief—has emerged as one of their principal points. But it’s fundamentally flawed.
In Moore, the petitioners contend that the North Carolina General Assembly could draw congressional maps that violate the state constitution because congressional map drawing is a “federal function assigned to them by the [Elections Clause of the federal Constitution (Article I, Section 4)]” and therefore subject only to “federal constitutional constraints.” They’re not the first to assert as much. Michael Morley, a leading academic expositor of the ISLT, has made a similar claim, insisting that the ISLT is “rooted in the fact that states lack inherent authority to regulate federal elections.” Instead, he continues, “their only power over such elections comes from the U.S. Constitution.”
This argument is inconsistent with Article I’s Legislative Vesting Clause (Article I, Section 1). That clause provides, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Simply put, if the federal Constitution vests “all legislative powers” in Article I in Congress, then the Elections Clause—which is part of Article I—cannot vest any legislative power in state legislatures. (The amicus brief of Charles Plambeck and Joni Walser makes a similar point.) Instead, when state legislatures regulate federal elections under the Elections Clause, they exercise state legislative power, vested by their state constitution, in service of the federal Constitution.
Continue reading Ethan Herenstein: “Can State Legislatures Exercise Federal Legislative Power? A Flaw in the Defense of the Independent State Legislature Theory”
That’s the lede from the Arizona Republic. On the heels of the failed Otero County, New Mexico effort to block certification last summer, which resulted in a mandamus action followed by swift obedience, this effort in Arizona seems doomed to fail. Like many states, Arizona has a state-law equivalent of Federal Rule of Civil Procedure 70, which would allows a court to order another party “to perform any other specific act” if the Cochise County Board of Supervises refuses to comply with the court order. And the Arizona Supreme Court has original jurisdiction over mandamus actions, which means a case could be quickly filed and resolved there without need for layers of appeal. (Secretary of State Katie Hobbs is likely to file a mandamus action shortly.) And there’s no secret trick to throwing out the county’s votes. If the secretary of state fails to receive a county’s results in a timely fashion, final certification is simply postponed under state law. That allows adequate time for judicial resolution.
Jen Fifield has more at Votebeat.
for The Daily Beast:
Right-wing megadonor Dick Uihlein has been funneling tens of millions of dollars to election deniers
, but a previously unreported IRS filing shows he has also teamed up with one.
According to its 2021… Continue reading
that this must-pass bill to limit the chances of election subversion must pass during the lame duck session, as there’s no way it gets brought up by a Republican House led by Kevin McCarthy in the next session… Continue reading
deep dive in New York magazine:
Given the urgency of the threat to democracy, some American legal scholars are arguing that it’s time to explore direct legal penalties for lying. “When you have the level of threat of… Continue reading
But underwhelming midterm performances across the board have already ignited a wave of intraparty conflagrations. And as a post-midterm power vacuum in Michigan, New Hampshire and other pivotal states threatens to weaken Trump’s vise grip on state party apparatuses,… Continue reading
Voting rights are under attack, both by Republican state legislature and by the conservative majority of the Supreme Court. Given Congress’s rejection of voting reforms in January 2022, Didi Kuo and I argue
, in our new article, that it… Continue reading
Maricopa County, facing a storm of GOP criticism over its handling of the Nov. 8 election, said in a report issued Sunday that problems with printers that surfaced on Election Day did not violate the Arizona Constitution or other… Continue reading
for Plurbius News:
The number of state legislative districts where racial or ethnic minorities make up a majority or a near majority of the population dropped substantially after the latest round of redistricting, even as those minority groups… Continue reading
State-level law enforcement units created after the 2020 presidential election to investigate voter fraud are looking into scattered complaints more than two weeks after the midterms
but have provided no indication of systemic problems.
That’s just what election experts… Continue reading