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AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."

 
roguetechie81

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07/18/2021 06:14 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
Maybe the reason the Republicans are so spineless about this situation is because they all turned their backs on Trump right after the election. They did so because they were afraid of the Democrats who were now in power.

To have to reinstate Trump as their boss, after they all were so quick and eager to turn on him, I can't see how that would happen.

Yeah, we're fucked. And I don't mean just fucked. We're really fucked.
 Quoting: Anonymous Coward 78923177


If we give in to this, they yes we are in deep trouble. The silent majority must not be so silent. It's going to take a fight on our behalf. We are going to have to fight. I am not talking sticks and stones. We have the constitutional right to fight this. They must learn to fear us more than they fear anyone else.
 Quoting: Phoenix Light




[link to youtu.be (secure)]
 Quoting: Anonymous Coward 78923177


You know, it's really a funny thing how some people do not understand those who are righteous vs unrighteous. One thing is, I am not trying to trap anyone into anything. Yet, you are right to be suspicious. I am not asking for war using guns or ammo. I am rather asking people to recognize the truth vs untruth and good vs bad. We the people have just been way to silent. What I am asking for is for the public to become very aware of your own power in this literal fight. If life is worth living then it must be in this vein, give me liberty or give me death. It is apparent that they will threaten our families and all of us who get in their way. But my God is much much bigger.
 Quoting: Phoenix Light


Yeah this isn't so much about force of arms at this point.

It's about getting organized and doing everything you can on as large a scale as you can to find ways to decouple from interfacing with and funding the government any more than you absolutely have to.

One man may not be able to do shit in the way of this but imagine if suddenly there were small towns various places where everyone did every bit of business they could in cash and off the books. Where their police department just stopped answering calls from and making calls to the feds. Hell, where if the feds or even state police show up in town they mysteriously find the police station city hall and anywhere they try to get gas etc closed and empty.

This is how whole continents like south America work already, there's no reason we can't do it.

It's Time to get creative and embrace the true spirit of our forefathers the glorious gun running, smuggling, tax evading, law breaking, and government ignoring outlaws that they were!

The 13 colonies were very much a pirate culture back in those days. People only paid taxes on anything they absolutely couldn't avoid not paying taxes on. They also just flat refused to depend on or let the government MAKE THEM dependent!

Ideally we'd be doing this at state level by defederalizing state guards and informing federal law enforcement they were no longer welcome to operate inside our states.

If we can't do it at the state level yet, then maybe we can start at the county, city, or suburb level.

There's a whole lot of people in this thread who seem very interested in making us feel like we have no cards to play. They are wrong.
roguetechie
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07/18/2021 06:17 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."


Let them come.
Anonymous Coward
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07/18/2021 06:20 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
Maybe the reason the Republicans are so spineless about this situation is because they all turned their backs on Trump right after the election. They did so because they were afraid of the Democrats who were now in power.

To have to reinstate Trump as their boss, after they all were so quick and eager to turn on him, I can't see how that would happen.

Yeah, we're fucked. And I don't mean just fucked. We're really fucked.
 Quoting: Anonymous Coward 78923177


If we give in to this, they yes we are in deep trouble. The silent majority must not be so silent. It's going to take a fight on our behalf. We are going to have to fight. I am not talking sticks and stones. We have the constitutional right to fight this. They must learn to fear us more than they fear anyone else.
 Quoting: Phoenix Light




[link to youtu.be (secure)]
 Quoting: Anonymous Coward 78923177


You know, it's really a funny thing how some people do not understand those who are righteous vs unrighteous. One thing is, I am not trying to trap anyone into anything. Yet, you are right to be suspicious. I am not asking for war using guns or ammo. I am rather asking people to recognize the truth vs untruth and good vs bad. We the people have just been way to silent. What I am asking for is for the public to become very aware of your own power in this literal fight. If life is worth living then it must be in this vein, give me liberty or give me death. It is apparent that they will threaten our families and all of us who get in their way. But my God is much much bigger.
 Quoting: Phoenix Light


Righteousness is an subjective term. Stalin felt he was righteous. Hitler. Charles Manson as well. The rape and pillage by the nights Templars crusades across the globe was seen as divine righteousness.
This is a terrible argument to make as it makes absolutely no sense. Anyone can feel justified in what they do and nobody can say they are wrong.

You should really think shit out before you make nonsensical comments
JF Priest

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07/18/2021 06:21 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
A little story about who —besides Arizona taxpayers— is really paying the bills to keep the Stop the Steal and "audit nonsense going. It’s all a grift.

They took a $75,000 second mortgage out on their home and donated it to Trump's "Stop the Steal" scam.


 Quoting: Anonymous Coward 77759082


Just because you quote some leftist wackjob does not make it a fact.
It Only Hurts If You Care...
Deplorable Zenobia

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07/18/2021 06:21 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
Unbelievable. Her response is literally "If they broke the law to install fraudulent officials, we will turn it over to those fraudulent officials to correct."

Absolutely surreal. It's over folks. Republicans cave, even in the face of overwhelming evidence. Consent of the governed is DEAD. Welcome to tyranny.

Her attitude is literally "We need to write more laws to stop lawbreakers from breaking the laws."

NO - we need LAW ENFORCEMENT. WE DON'T NEED NEW LAWS - WE NEED OFFICIALS TO FOLLOW THE EXISTING LAWS.

[link to rumble.com (secure)]

Go to 10:30 for the ultimate Republican cuckoldry.
 Quoting: Depluribus Unum


Lol what did you expect? What mechanism at law in this country exists to just oust a president from office???

Did you really drink so much Kool-aid that you thought Trump could just be “reinstated” or whatever?

The audits are just theater for the base and nothing more. If you think any differently, prepare to be disappointed again and again.
 Quoting: Anonymous Coward 80623448


Fraud vitiates.
That means we have constitutional authority to dismantle a fraudlent government. Watch and learn.
 Quoting: Anonymous Coward 80473409


Above hilighted. So, AZ legislative critters acting as bad as TX ones. Refusing to do the job that they were elected to do.

Got it!

Last Edited by Deplorable Zenobia on 07/18/2021 06:22 PM
And thought struggles against the results, trying to avoid those unpleasant results while keeping on with that way of thinking. That is what I call 'sustained incoherence.' ...David Bohm

“How, O Zenobia, hast thou dared to insult Roman emperors?” ...Aurelian, 44th Emperor of the Roman Empire
Anonymous Coward
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07/18/2021 06:22 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
1776
Anonymous Coward
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07/18/2021 06:24 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
She is right. There is no Sore Loser Provision in the Constitution for redoing the election.
 Quoting: Anonymous Coward 79692569


specialstupid
Depluribus Unum  (OP)

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07/18/2021 06:25 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
1776
 Quoting: Anonymous Coward 73856390


"That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

This was an illegal act in 1776 according to British law.
From many, covfefe
Anonymous Coward
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07/18/2021 06:26 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
Dual citizens are foreign enemies
Buzzcheeze

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07/18/2021 06:28 PM

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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
The Senate by itself cannot recall electors.

But the state's electors could be recalled
if both the Arizona House and Senate
voted to do so.

"TRUMP WON"
"I love deadlines. I like the whooshing sound they make as they fly by"
'My ego is smaller than yours
Why is abbreviation such a long word
“When seconds MATTER, cops are only minutes away
"Cut out a man's tongue and you dont prove him a liar. It just proves you fear what he has to say"
Anonymous Coward
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
Vitiated is the word also check out the insurrection act
JF Priest

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07/18/2021 06:30 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
1776
 Quoting: Anonymous Coward 73856390


Stolen Elections Have Consequences..
It Only Hurts If You Care...
Anonymous Coward
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07/18/2021 06:35 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
I thought legislatures had all the power over elections?
 Quoting: Anonymous Coward 36224241


They do. Her refusal to acknowledge that authority is why we have an unelected president dismantling this country and several others.

And her attitude is "Awe shucks, no constitutional provision to fix this. Let's hope they behave next time."

My blood was boiling as I listened to her answer.
 Quoting: Depluribus Unum


And Pence claimed he didn't have constitutional authority to demand an investigation of the eligibility of any states' electors.

And I don't see where Congress has that authority explicitly either.

So NOBODY has the authority to do anything. The difference is, the Dems do what they want, and the Reps keep waiting for permission.

Guess who wins under those rules?
Anonymous Coward
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07/18/2021 06:36 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
what the fuck?
Anonymous Coward
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07/18/2021 06:36 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
The Senate by itself cannot recall electors.

But the state's electors could be recalled
if both the Arizona House and Senate
voted to do so.

 Quoting: Buzzcheeze


Does the Arizona constitution say that?
Confederate Soldier

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07/18/2021 06:45 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
This is EXACTLY the situation where "consent of the governed" comes into play- The 10th amendment has now failed us, so it's time for people to read the Federalist Papers and implement what Madison speaks about in Federalist #46!

The 10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Federalist Papers written by Alexander Hamilton and James Madison, two of the framers of the Constitution- these essays were written to explain the specifics behind the Constitution.

Federalist Essay No. 46:
"...should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter. But ambitious encroachments of the federal government, on the authority of the State governments, would not excite the opposition of a single State, or of a few States only. They would be signals of general alarm."

Madison specifically states that if the government fails us- as a country- and leads by tyranny, then our remaining option is a "disquietude of the people."- My personal opinion on that would be a peaceful yet powerful statement that made such an ardent impact, there was NO way they could ignore it! I want to specifically clarify, I'm NOT talking about any type of ANTIFA style violent mob tactic(s) -which I see as pathetic yet dangerous adult temper tantrums that really do nothing to enact any kind of productive change (as we've witnessed over the course of the past two years.)
So I started doing some thinking, trying to come up with ways I thought would be the most effective in getting the government to ACTUALLY listen- to know we are SERIOUS and aren't going to put up with their crap anymore. And I realized- what better way than hitting the pocketbook!?
What if the majority of people were to stop paying certain city, state, and federal "fees" (if you know what I mean? LOL!)
If enough people participate, then their potential "bully tactics" would be a non-issue.
People really need to stop being afraid of the cowards in office and start standing up for our God-given rights.
Based on Madison's definition of Tyranny in the Federalist Papers, that's exactly what we are living under right now, and if we don't fix it ASAP then we will lose ANY opportunity to recover our incredible Republic!! :(
 Quoting: That1Chick


The Confederacy already tried this out. You can Google the results.
 Quoting: Anonymous Coward 62226146

And evil won the War of 1861-65.
The Yankee system is what you have, corruption and slaughter.
Still worship Lincoln?
78g
There's a man in a white house with blood on his mouth!
If there's Knaves in the North, there are braves in the South.
We are three thousand horses, and not one afraid;
We are three thousand sabres and not a dull blade.

:78g:
Anonymous Coward
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07/18/2021 06:46 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
She is right. There is no Sore Loser Provision in the Constitution for redoing the election.
 Quoting: Anonymous Coward 79692569


Lol what did people here expect exactly??

Step 1: conduct audit showing fraud

Step 2: ?

Step 3: Trump is in office again!
 Quoting: Anonymous Coward 80623448


Yes, because they're retarded. And states cannot recall electors AFTER they've cast their electoral votes and they've been counted and accepted by Congress. You know, the thing on the 6th where all the Trumptards/Qtards tried to stop things?

Yes, it is over. It has been over for a long time. But they don't call them Trumptards for nothing. #twoweeks
Anonymous Coward
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07/18/2021 06:48 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
like Q said military only path
Confederate Soldier

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07/18/2021 06:50 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
She is right. There is no Sore Loser Provision in the Constitution for redoing the election.
 Quoting: Anonymous Coward 79692569


Sore fucking loser?
If there is fraud, Biden did not win.
But then, I don't give a shit what happens to the Yankee government.

 Quoting: Confederate Soldier



So you announce your American citizenship?
 Quoting: Anonymous Coward 72663608


Announce?
Do you mean renounce?
I am a Confederate, a citizen of the South.
A Real American.
I will never renounce that.
But you, a Yankee serf, will never understand that, the chains binding you mind will never allow it.
78g
There's a man in a white house with blood on his mouth!
If there's Knaves in the North, there are braves in the South.
We are three thousand horses, and not one afraid;
We are three thousand sabres and not a dull blade.

:78g:
Dogsbollocks

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07/18/2021 06:51 PM

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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
Honestly what did anyone expect.

US is the very definition of a Banana Republic.
Dogsbollocks
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07/18/2021 06:52 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
She is right. There is no Sore Loser Provision in the Constitution for redoing the election.
 Quoting: Anonymous Coward 79692569


Lol what did people here expect exactly??

Step 1: conduct audit showing fraud

Step 2: ?

Step 3: Trump is in office again!
 Quoting: Anonymous Coward 80623448


Yes, because they're retarded. And states cannot recall electors AFTER they've cast their electoral votes and they've been counted and accepted by Congress. You know, the thing on the 6th where all the Trumptards/Qtards tried to stop things?

Yes, it is over. It has been over for a long time. But they don't call them Trumptards for nothing. #twoweeks
 Quoting: Anonymous Coward 80546689


Just for my own curiosity, where does it say that electors cannot be recalled?
There's a man in a white house with blood on his mouth!
If there's Knaves in the North, there are braves in the South.
We are three thousand horses, and not one afraid;
We are three thousand sabres and not a dull blade.

:78g:
Anonymous Coward
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
IF AZ kicks the can to Congress, here are the main topics of interest:

Relevant Constitutional Provisions
The authority of Congress to legislate regarding these various issues in different types of elections would appear to derive principally from four constitutional provisions:

The Elections Clause

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

U.S. Const. Article I, §4, cl. 1.

Day of Chusing Presidential Electors Clause

The Congress may determine the Time of chusing the [Presidential] Electors, and the Day on which they shall give their votes; which Day shall be the same throughout the United States.

U.S. Const. Article II, §1, cl. 4.

Fourteenth Amendment Equal Protection Clause

No State shall make or enforce any law which shall ... deny to any person within its jurisdiction the equal protection of the laws.

. . . .

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

U.S. Const. XIV, §§1 & 5.

Fifteenth Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The Congress shall have power to enforce this article by appropriate legislation.

U.S. Const. XV, §§1 & 2.

Power as Regards Different Types of Elections
Although the Constitution is silent on various aspects of the voting process, the Constitution seems to anticipate that states would be primarily responsible for establishing procedures for elections. Federal authority to direct how states administer these regulations, however, is also provided for in the Constitution. Congress's power is at its most broad in the case of House elections, which have historically always been decided by a system of popular voting.13 Its power may be more limited in elections for Senators or President, and is at its narrowest as regards state elections.

House Elections
As noted above, Article I, Section 4, cl. 1 states that Congress may determine "the Times, Places and Manner" for such elections. The Supreme Court and lower courts have interpreted the above language to mean that Congress has extensive power to regulate most elements of a congressional election.

For instance, the Supreme Court has noted that the right to vote for Members of Congress is derived from the Constitution and that Congress therefore may legislate broadly under this provision to protect the integrity of this right.14 The Court has stated that the authority to regulate the times, places, and manner of federal elections:

embrace [the] authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved.... [Congress] has a general supervisory power over the whole subject.15

Consequently, it would appear that Congress has broad authority to further enhance its level of federal control over the administration of House election procedures.

Senate Elections
Unlike House elections, Senate elections were, until ratification of the Seventeenth Amendment, decided by a vote of the state legislatures, not by popular vote. This helps explain why congressional power over Senate elections, while almost as broad as it is for House elections, contains one exception—that Congress may not regulate "the Places of chusing Senators." As originally implemented, this language would have limited the authority of Congress to designate where state legislatures would meet for such votes. This deference to the prerogatives of state legislatures would appear to be obsolete now that all Senate elections are decided by popular vote. However, nothing in the Seventeenth Amendment explicitly repealed this restriction, and the meaning of the clause could arguably apply to congressional regulation of sites for popular voting.

Arguably, if Congress attempted to establish legislation regulating where states must establish polling sites for Senate elections, such legislation might run afoul of textual limitations of this provision. On the other hand, for practical purposes, most states, if subjected to federal regulation for House elections establishing the location of polling places, would be likely to follow such directions for Senate elections occurring at the same time, if no other reason than administrative convenience.

Presidential Elections
The power of Congress to regulate presidential elections is not as clearly established as the power over House and Senate elections. First, the text of the Constitution provides a more limited power to Congress in these situations. Whereas Article I, Section 4, cl. 1 allows regulation of the "time, place and manner" of congressional elections, Article II, Section 1, cl. 4 provides only that Congress may determine the "time" of choosing presidential electors. Further, despite modern state practice providing for popular voting for electors, the appointment of presidential electors was historically and remains today a power of the state legislatures.16 Consequently, principles of federalism might incline the Supreme Court to find the appointment of presidential electors less amenable to federal regulation. The major exception to this would be congressional authority under the Fourteenth and Fifteenth Amendments; these powers are addressed infra.

The case law on this issue is ambiguous, although Congress's regulatory authority over presidential elections does seem to be more extensive than it might appear based on the text of the Constitution. For instance, the Court has allowed congressional regulation of political committees which seek to influence presidential elections, arguing that such legislation is justified by the need to preserve the integrity of such elections. In Burroughs v. United States,17 the Supreme Court reasoned that

[w]hile presidential electors are not officers or agents of the federal government, they exercise federal functions under, and discharge duties in virtue of authority conferred by, the Constitution of the United States. The President is vested with the executive power of the nation. The importance of his election and the vital character of its relationship to and effect upon the welfare and safety of the whole people cannot be too strongly stated. To say that Congress is without power to pass appropriate legislation to safeguard such an election from the improper use of money to influence the result is to deny to the nation in a vital particular the power of self protection. Congress, undoubtedly, possesses that power, as it possesses every other power essential to preserve the departments and institutions of the general government from impairment or destruction, whether threatened by force or by corruption.18

A question arises, however, whether Burroughs, which involves the regulation of third parties to elections, can be distinguished from the regulation of states directly regarding their administration of presidential elections. In Burroughs, the Court distinguished the legislation under consideration (regulation of political committees) from legislation more directly dealing with state appointment of electors, noting that

[t]he congressional act under review seeks to preserve the purity of presidential and vice presidential elections. Neither in purpose nor in effect does it interfere with the power of a state to appoint electors or the manner in which their appointment shall be made. It deals with political committees organized for the purpose of influencing elections in two or more states, and with branches or subsidiaries of national committees, and excludes from its operation state or local committees. Its operation, therefore, is confined to situations which, if not beyond the power of the state to deal with at all, are beyond its power to deal with adequately. It in no sense invades any exclusive state power.19

Under this language, procedures within the province of states, such as the allocation of electors by a state, would appear to fall outside of the doctrine established in Burroughs. Although the Court was not asked to evaluate whether Congress had the power to establish the manner in which the presidential electors were appointed, the language above would appear to indicate that the Court in Burroughs had not intended its decision to extend Congress's authority to regulate presidential elections so that it was coextensive with the power to regulate congressional elections.

Surprisingly, however, three U.S. Courts of Appeals, relying on Burroughs, reached precisely the opposite result. In upholding the validity of congressional regulation of registration procedures for federal elections under the National Voter Registration Act of 1993 (Motor Voter Act),20 three federal circuits appeared to find that Congress had the same authority to regulate presidential elections as it did House and Senate elections.21 However, of the three opinions, two made only passing references to the issue, and only the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) discussed it at any length. In ACORN v. Edgar, Chief Judge Posner of the Seventh Circuit wrote that

Article I, section 4 [providing authority over congressional elections] ... makes no reference to the election of the President, which is by the electoral college rather than by the voters at the general election; general elections for President were not contemplated in 1787.... But these turn out not to be [a] serious omission[] so far as teasing out the modern meaning of Article I, section 4 is concerned. Article II provides [congressional authority over the Time of choosing Electors.] Article II, section 1 ... has been interpreted to grant Congress power over Presidential elections coextensive with that which Article I, section 4 grants it over congressional elections. Burroughs v. United States, 290 U.S. 534 (1934).22

It should be noted that the federal registration standards developed under Motor Voter could probably have been decided under Congress's power over congressional elections, so that the reasoning of these cases would not appear essential to their holdings. These broad holdings, however, do stand as some of the few modern interpretations of Article II, Section 1, cl. 4 and Burroughs.23 Those cases' interpretations, however, would appear to be at odds with the limiting language of Burroughs quoted previously.24

Resolution of this issue may ultimately be important to any determination of whether proposals to standardize election procedures could be specifically applied to presidential elections. Where congressional and presidential election procedures are likely to overlap, such as requirements for absentee balloting, uniform closing times, multiple-day elections, number and accessibility of polling stations, etc., regulation of congressional elections may be for practical purposes sufficient. However, where the issue at hand is unique to presidential elections (e.g., allocation of electors based on popular vote), the resolution of this issue may become essential.

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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
The military has to step in.
 Quoting: Icebear


Never!

They don't arbitrarily, overthrow duly elected government. The military is disciplined and not a bunch of butt hurt losers.

The courts must first rule that somehow a government is illegitimate.

Perhaps in another 2 weeks!

lmao
Confederate Soldier

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07/18/2021 06:53 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
She is right. There is no Sore Loser Provision in the Constitution for redoing the election.
 Quoting: Anonymous Coward 79692569


Sore fucking loser?
If there is fraud, Biden did not win.
But then, I don't give a shit what happens to the Yankee government.

 Quoting: Confederate Soldier



So you announce your American citizenship?
 Quoting: Anonymous Coward 72663608


He should. He's a fucking traitor to our Republic.
 Quoting: Anonymous Coward 79527099


That was Lincoln.
There's a man in a white house with blood on his mouth!
If there's Knaves in the North, there are braves in the South.
We are three thousand horses, and not one afraid;
We are three thousand sabres and not a dull blade.

:78g:
Anonymous Coward
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07/18/2021 06:55 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
AZ HOUSE is mostly REP:

[link to www.azleg.gov (secure)]
Anonymous Coward
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07/18/2021 06:56 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
LOL you are surprised? Wake up. You / We the people have to get dirty, bloody, dead at times, we and only we must rise up. You cant expect the corrupt government to do it lol.
J-lee

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07/18/2021 06:56 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
The Senate by itself cannot recall electors.

But the state's electors could be recalled
if both the Arizona House and Senate
voted to do so.

 Quoting: Buzzcheeze


Well 100’s of thousands of votes should not have been stolen/forged/taken fraudulently so there HAS to be recourse! That is ALL!
Anonymous Coward
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07/18/2021 06:56 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
IF AZ kicks the can to Congress, here are the main topics of interest:

Relevant Constitutional Provisions
The authority of Congress to legislate regarding these various issues in different types of elections would appear to derive principally from four constitutional provisions:

The Elections Clause

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

U.S. Const. Article I, §4, cl. 1.

Day of Chusing Presidential Electors Clause

The Congress may determine the Time of chusing the [Presidential] Electors, and the Day on which they shall give their votes; which Day shall be the same throughout the United States.

U.S. Const. Article II, §1, cl. 4.

Fourteenth Amendment Equal Protection Clause

No State shall make or enforce any law which shall ... deny to any person within its jurisdiction the equal protection of the laws.

. . . .

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

U.S. Const. XIV, §§1 & 5.

Fifteenth Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The Congress shall have power to enforce this article by appropriate legislation.

U.S. Const. XV, §§1 & 2.

Power as Regards Different Types of Elections
Although the Constitution is silent on various aspects of the voting process, the Constitution seems to anticipate that states would be primarily responsible for establishing procedures for elections. Federal authority to direct how states administer these regulations, however, is also provided for in the Constitution. Congress's power is at its most broad in the case of House elections, which have historically always been decided by a system of popular voting.13 Its power may be more limited in elections for Senators or President, and is at its narrowest as regards state elections.

House Elections
As noted above, Article I, Section 4, cl. 1 states that Congress may determine "the Times, Places and Manner" for such elections. The Supreme Court and lower courts have interpreted the above language to mean that Congress has extensive power to regulate most elements of a congressional election.

For instance, the Supreme Court has noted that the right to vote for Members of Congress is derived from the Constitution and that Congress therefore may legislate broadly under this provision to protect the integrity of this right.14 The Court has stated that the authority to regulate the times, places, and manner of federal elections:

embrace [the] authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved.... [Congress] has a general supervisory power over the whole subject.15

Consequently, it would appear that Congress has broad authority to further enhance its level of federal control over the administration of House election procedures.

Senate Elections
Unlike House elections, Senate elections were, until ratification of the Seventeenth Amendment, decided by a vote of the state legislatures, not by popular vote. This helps explain why congressional power over Senate elections, while almost as broad as it is for House elections, contains one exception—that Congress may not regulate "the Places of chusing Senators." As originally implemented, this language would have limited the authority of Congress to designate where state legislatures would meet for such votes. This deference to the prerogatives of state legislatures would appear to be obsolete now that all Senate elections are decided by popular vote. However, nothing in the Seventeenth Amendment explicitly repealed this restriction, and the meaning of the clause could arguably apply to congressional regulation of sites for popular voting.

Arguably, if Congress attempted to establish legislation regulating where states must establish polling sites for Senate elections, such legislation might run afoul of textual limitations of this provision. On the other hand, for practical purposes, most states, if subjected to federal regulation for House elections establishing the location of polling places, would be likely to follow such directions for Senate elections occurring at the same time, if no other reason than administrative convenience.

Presidential Elections
The power of Congress to regulate presidential elections is not as clearly established as the power over House and Senate elections. First, the text of the Constitution provides a more limited power to Congress in these situations. Whereas Article I, Section 4, cl. 1 allows regulation of the "time, place and manner" of congressional elections, Article II, Section 1, cl. 4 provides only that Congress may determine the "time" of choosing presidential electors. Further, despite modern state practice providing for popular voting for electors, the appointment of presidential electors was historically and remains today a power of the state legislatures.16 Consequently, principles of federalism might incline the Supreme Court to find the appointment of presidential electors less amenable to federal regulation. The major exception to this would be congressional authority under the Fourteenth and Fifteenth Amendments; these powers are addressed infra.

The case law on this issue is ambiguous, although Congress's regulatory authority over presidential elections does seem to be more extensive than it might appear based on the text of the Constitution. For instance, the Court has allowed congressional regulation of political committees which seek to influence presidential elections, arguing that such legislation is justified by the need to preserve the integrity of such elections. In Burroughs v. United States,17 the Supreme Court reasoned that

[w]hile presidential electors are not officers or agents of the federal government, they exercise federal functions under, and discharge duties in virtue of authority conferred by, the Constitution of the United States. The President is vested with the executive power of the nation. The importance of his election and the vital character of its relationship to and effect upon the welfare and safety of the whole people cannot be too strongly stated. To say that Congress is without power to pass appropriate legislation to safeguard such an election from the improper use of money to influence the result is to deny to the nation in a vital particular the power of self protection. Congress, undoubtedly, possesses that power, as it possesses every other power essential to preserve the departments and institutions of the general government from impairment or destruction, whether threatened by force or by corruption.18

A question arises, however, whether Burroughs, which involves the regulation of third parties to elections, can be distinguished from the regulation of states directly regarding their administration of presidential elections. In Burroughs, the Court distinguished the legislation under consideration (regulation of political committees) from legislation more directly dealing with state appointment of electors, noting that

[t]he congressional act under review seeks to preserve the purity of presidential and vice presidential elections. Neither in purpose nor in effect does it interfere with the power of a state to appoint electors or the manner in which their appointment shall be made. It deals with political committees organized for the purpose of influencing elections in two or more states, and with branches or subsidiaries of national committees, and excludes from its operation state or local committees. Its operation, therefore, is confined to situations which, if not beyond the power of the state to deal with at all, are beyond its power to deal with adequately. It in no sense invades any exclusive state power.19

Under this language, procedures within the province of states, such as the allocation of electors by a state, would appear to fall outside of the doctrine established in Burroughs. Although the Court was not asked to evaluate whether Congress had the power to establish the manner in which the presidential electors were appointed, the language above would appear to indicate that the Court in Burroughs had not intended its decision to extend Congress's authority to regulate presidential elections so that it was coextensive with the power to regulate congressional elections.

Surprisingly, however, three U.S. Courts of Appeals, relying on Burroughs, reached precisely the opposite result. In upholding the validity of congressional regulation of registration procedures for federal elections under the National Voter Registration Act of 1993 (Motor Voter Act),20 three federal circuits appeared to find that Congress had the same authority to regulate presidential elections as it did House and Senate elections.21 However, of the three opinions, two made only passing references to the issue, and only the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) discussed it at any length. In ACORN v. Edgar, Chief Judge Posner of the Seventh Circuit wrote that

Article I, section 4 [providing authority over congressional elections] ... makes no reference to the election of the President, which is by the electoral college rather than by the voters at the general election; general elections for President were not contemplated in 1787.... But these turn out not to be [a] serious omission[] so far as teasing out the modern meaning of Article I, section 4 is concerned. Article II provides [congressional authority over the Time of choosing Electors.] Article II, section 1 ... has been interpreted to grant Congress power over Presidential elections coextensive with that which Article I, section 4 grants it over congressional elections. Burroughs v. United States, 290 U.S. 534 (1934).22

It should be noted that the federal registration standards developed under Motor Voter could probably have been decided under Congress's power over congressional elections, so that the reasoning of these cases would not appear essential to their holdings. These broad holdings, however, do stand as some of the few modern interpretations of Article II, Section 1, cl. 4 and Burroughs.23 Those cases' interpretations, however, would appear to be at odds with the limiting language of Burroughs quoted previously.24

Resolution of this issue may ultimately be important to any determination of whether proposals to standardize election procedures could be specifically applied to presidential elections. Where congressional and presidential election procedures are likely to overlap, such as requirements for absentee balloting, uniform closing times, multiple-day elections, number and accessibility of polling stations, etc., regulation of congressional elections may be for practical purposes sufficient. However, where the issue at hand is unique to presidential elections (e.g., allocation of electors based on popular vote), the resolution of this issue may become essential.

Link:
[link to www.everycrsreport.com (secure)]
 Quoting: Anonymous Coward 80410174


defacto state authority -- congress has no authority -- wouldn't senators be chosen on the same ballot as president?
Anonymous Coward
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07/18/2021 06:57 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
IF AZ kicks the can to Congress, here are the main topics of interest:

Relevant Constitutional Provisions
The authority of Congress to legislate regarding these various issues in different types of elections would appear to derive principally from four constitutional provisions:

The Elections Clause

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

U.S. Const. Article I, §4, cl. 1.

Day of Chusing Presidential Electors Clause

The Congress may determine the Time of chusing the [Presidential] Electors, and the Day on which they shall give their votes; which Day shall be the same throughout the United States.

U.S. Const. Article II, §1, cl. 4.

Fourteenth Amendment Equal Protection Clause

No State shall make or enforce any law which shall ... deny to any person within its jurisdiction the equal protection of the laws.

. . . .

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

U.S. Const. XIV, §§1 & 5.

Fifteenth Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The Congress shall have power to enforce this article by appropriate legislation.

U.S. Const. XV, §§1 & 2.

Power as Regards Different Types of Elections
Although the Constitution is silent on various aspects of the voting process, the Constitution seems to anticipate that states would be primarily responsible for establishing procedures for elections. Federal authority to direct how states administer these regulations, however, is also provided for in the Constitution. Congress's power is at its most broad in the case of House elections, which have historically always been decided by a system of popular voting.13 Its power may be more limited in elections for Senators or President, and is at its narrowest as regards state elections.

House Elections
As noted above, Article I, Section 4, cl. 1 states that Congress may determine "the Times, Places and Manner" for such elections. The Supreme Court and lower courts have interpreted the above language to mean that Congress has extensive power to regulate most elements of a congressional election.

For instance, the Supreme Court has noted that the right to vote for Members of Congress is derived from the Constitution and that Congress therefore may legislate broadly under this provision to protect the integrity of this right.14 The Court has stated that the authority to regulate the times, places, and manner of federal elections:

embrace [the] authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved.... [Congress] has a general supervisory power over the whole subject.15

Consequently, it would appear that Congress has broad authority to further enhance its level of federal control over the administration of House election procedures.

Senate Elections
Unlike House elections, Senate elections were, until ratification of the Seventeenth Amendment, decided by a vote of the state legislatures, not by popular vote. This helps explain why congressional power over Senate elections, while almost as broad as it is for House elections, contains one exception—that Congress may not regulate "the Places of chusing Senators." As originally implemented, this language would have limited the authority of Congress to designate where state legislatures would meet for such votes. This deference to the prerogatives of state legislatures would appear to be obsolete now that all Senate elections are decided by popular vote. However, nothing in the Seventeenth Amendment explicitly repealed this restriction, and the meaning of the clause could arguably apply to congressional regulation of sites for popular voting.

Arguably, if Congress attempted to establish legislation regulating where states must establish polling sites for Senate elections, such legislation might run afoul of textual limitations of this provision. On the other hand, for practical purposes, most states, if subjected to federal regulation for House elections establishing the location of polling places, would be likely to follow such directions for Senate elections occurring at the same time, if no other reason than administrative convenience.

Presidential Elections
The power of Congress to regulate presidential elections is not as clearly established as the power over House and Senate elections. First, the text of the Constitution provides a more limited power to Congress in these situations. Whereas Article I, Section 4, cl. 1 allows regulation of the "time, place and manner" of congressional elections, Article II, Section 1, cl. 4 provides only that Congress may determine the "time" of choosing presidential electors. Further, despite modern state practice providing for popular voting for electors, the appointment of presidential electors was historically and remains today a power of the state legislatures.16 Consequently, principles of federalism might incline the Supreme Court to find the appointment of presidential electors less amenable to federal regulation. The major exception to this would be congressional authority under the Fourteenth and Fifteenth Amendments; these powers are addressed infra.

The case law on this issue is ambiguous, although Congress's regulatory authority over presidential elections does seem to be more extensive than it might appear based on the text of the Constitution. For instance, the Court has allowed congressional regulation of political committees which seek to influence presidential elections, arguing that such legislation is justified by the need to preserve the integrity of such elections. In Burroughs v. United States,17 the Supreme Court reasoned that

[w]hile presidential electors are not officers or agents of the federal government, they exercise federal functions under, and discharge duties in virtue of authority conferred by, the Constitution of the United States. The President is vested with the executive power of the nation. The importance of his election and the vital character of its relationship to and effect upon the welfare and safety of the whole people cannot be too strongly stated. To say that Congress is without power to pass appropriate legislation to safeguard such an election from the improper use of money to influence the result is to deny to the nation in a vital particular the power of self protection. Congress, undoubtedly, possesses that power, as it possesses every other power essential to preserve the departments and institutions of the general government from impairment or destruction, whether threatened by force or by corruption.18

A question arises, however, whether Burroughs, which involves the regulation of third parties to elections, can be distinguished from the regulation of states directly regarding their administration of presidential elections. In Burroughs, the Court distinguished the legislation under consideration (regulation of political committees) from legislation more directly dealing with state appointment of electors, noting that

[t]he congressional act under review seeks to preserve the purity of presidential and vice presidential elections. Neither in purpose nor in effect does it interfere with the power of a state to appoint electors or the manner in which their appointment shall be made. It deals with political committees organized for the purpose of influencing elections in two or more states, and with branches or subsidiaries of national committees, and excludes from its operation state or local committees. Its operation, therefore, is confined to situations which, if not beyond the power of the state to deal with at all, are beyond its power to deal with adequately. It in no sense invades any exclusive state power.19

Under this language, procedures within the province of states, such as the allocation of electors by a state, would appear to fall outside of the doctrine established in Burroughs. Although the Court was not asked to evaluate whether Congress had the power to establish the manner in which the presidential electors were appointed, the language above would appear to indicate that the Court in Burroughs had not intended its decision to extend Congress's authority to regulate presidential elections so that it was coextensive with the power to regulate congressional elections.

Surprisingly, however, three U.S. Courts of Appeals, relying on Burroughs, reached precisely the opposite result. In upholding the validity of congressional regulation of registration procedures for federal elections under the National Voter Registration Act of 1993 (Motor Voter Act),20 three federal circuits appeared to find that Congress had the same authority to regulate presidential elections as it did House and Senate elections.21 However, of the three opinions, two made only passing references to the issue, and only the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) discussed it at any length. In ACORN v. Edgar, Chief Judge Posner of the Seventh Circuit wrote that

Article I, section 4 [providing authority over congressional elections] ... makes no reference to the election of the President, which is by the electoral college rather than by the voters at the general election; general elections for President were not contemplated in 1787.... But these turn out not to be [a] serious omission[] so far as teasing out the modern meaning of Article I, section 4 is concerned. Article II provides [congressional authority over the Time of choosing Electors.] Article II, section 1 ... has been interpreted to grant Congress power over Presidential elections coextensive with that which Article I, section 4 grants it over congressional elections. Burroughs v. United States, 290 U.S. 534 (1934).22

It should be noted that the federal registration standards developed under Motor Voter could probably have been decided under Congress's power over congressional elections, so that the reasoning of these cases would not appear essential to their holdings. These broad holdings, however, do stand as some of the few modern interpretations of Article II, Section 1, cl. 4 and Burroughs.23 Those cases' interpretations, however, would appear to be at odds with the limiting language of Burroughs quoted previously.24

Resolution of this issue may ultimately be important to any determination of whether proposals to standardize election procedures could be specifically applied to presidential elections. Where congressional and presidential election procedures are likely to overlap, such as requirements for absentee balloting, uniform closing times, multiple-day elections, number and accessibility of polling stations, etc., regulation of congressional elections may be for practical purposes sufficient. However, where the issue at hand is unique to presidential elections (e.g., allocation of electors based on popular vote), the resolution of this issue may become essential.

Link:
[link to www.everycrsreport.com (secure)]
 Quoting: Anonymous Coward 80410174


Whoa!

Presidential elections can not be overturned, reversed, altered, etc. once the president is sworn in.

That is why each states certifies the elector votes. Jan 6th was the drop dead date!
Anonymous Coward
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07/18/2021 06:58 PM
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Re: AZ Senate President Fann: "We do not have the constitutional authority to recall the electors. We will turn it over to congress."
THIS is why we have a 2nd amendment. Read the 2nd, 1st sentence. Let it sink in





GLP