Sen. David Gowan, a Sierra Vista Republican, has introduced SB 1593, which would require that county recorders send out ballots 22 days before an election instead of 27.
PHOENIX — Facing some blistering criticism and the possibility of harming Republican reelection efforts, a Southern Arizona lawmaker has pulled the plug on a proposal to let the legislature override the choice of voters for president.
Sen. David Gowan, R-Sierra Vista, said his SCR 1006 simply recognizes that the U.S. Constitution gives lawmakers the ultimate power to choose electors. What his proposal would do is actually allow them to exercise that authority by requiring a special legislative session after every presidential vote to “investigate the results” and decide what result to certify.
And as a constitutional amendment, it is worded to preempt any other action, whether statutory or in court, to interfere with that authority.
“This is to bring the plenary power back to the body where we have sole authority on these issues,” Gowan said.
“In that case, why even have a presidential election?” asked Sen. Sean Bowie, D-Phoenix, as lawmakers would be free to substitute their own judgment.
Gowan said that’s based on a false presumption that would happen.
“I wouldn’t suspect any vote of the people if we have the vote of the people,” Gowan responded. Still, Gowan said there’s a reason for requiring a special legislative session after each presidential vote.
“The reality is you want to make sure that everything would be on the level,” he said. And it would allow lawmakers to do an audit before certifying the results that they — or a majority of them — believe is accurate.
Alex Gulotta, state director for All Voting is Local, said there’s no factual basis for the proposal. Instead, he said, it “helps perpetuate the big lie” that the 2020 election was somehow stolen. And pointed out that nothing in SCR 1006 requires lawmakers to cite any cause or reason for replacing the judgment of a majority of voters for their own.
“The will of the people is replaced by our new overlords,” Gulotta said.
Randy Perez, democracy director for Living United for Change in Arizona, described the measure as “offensive.”
But Joel Edman, lobbyist for the Arizona Advocacy Network, had a slightly different take.
“If you support this idea, I hope you’ll vote for it,” he told members of the Senate Appropriations Committee late Tuesday.
Edman pointed out that Gowan’s proposal, as a constitutional amendment, would have to go to voters in 2022 for ratification. That’s also when all legislative seats are up for grabs and any lawmakers seeking higher office would have to face voters.
“And if you think your voters’ vote for president shouldn’t count if you decide otherwise, they deserve to know that,” Edman said.
After all the testimony, Gowan, who chairs the committee, chose not to bring it for a vote.
Gowan did not respond to messages about his decision to propose the measure, to schedule a hearing — and then quash it without a vote.
Photos: 2020 General Election in Pima County and Arizona
Ballot processing in Pima County
Updated
Ballot processing in Pima County
Updated
Ballot processing in Pima County
Updated
Ballot processing in Pima County
Updated
Ballot processing in PIma County
Updated
Ballot processing in PIma County
Updated
Ballot processing in PIma County
Updated
Ballot processing in PIma County
Updated
Ballot processing, Pima County
Updated
Ballot processing, Pima County
Updated
Ballot processing, Pima County
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election 2020 Senate Kelly
Updated
Election 2020 Senate Kelly
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election 2020 Arizona Voting
Updated
Election 2020 Arizona Voting
Updated
Election 2020 Arizona Voting
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election 2020 Arizona Voting
Updated
Election 2020 Arizona Voting
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election 2020 Arizona Voting
Updated
Election 2020 Arizona Voting
Updated
Election 2020 Arizona Voting
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election 2020 Arizona Voting
Updated
Election 2020 Arizona Voting
Updated
Election 2020 Arizona Voting
Updated
Election 2020 Arizona Voting
Updated
Election 2020 Arizona Voting
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Election Day, Pima County and Arizona, 2020
Updated
Judge throws out lawsuit, finds no fraud or misconduct in Arizona election
Updated
PHOENIX — A judge tossed out a bid by the head of the Arizona Republican Party to void the election results that awarded the state’s 11 electoral votes to Democrat Joe Biden.
The two days of testimony produced in the case brought by GOP Chairwoman Kelli Ward produced no evidence of fraud or misconduct in how the vote was conducted in Maricopa County, said Maricopa County Superior Court Judge Randall Warner in his Friday ruling.
Warner acknowledged that there were some human errors made when ballots that could not be read by machines due to marks or other problems were duplicated by hand.
But he said that a random sample of those duplicated ballots showed an accuracy rate of 99.45%.
Warner said there was no evidence that the error rate, even if extrapolated to all the 27,869 duplicated ballots, would change the fact that Biden beat President Trump.
The judge also threw out charges that there were illegal votes based on claims that the signatures on the envelopes containing early ballots were not properly compared with those already on file.
He pointed out that a forensic document examiner hired by Ward’s attorney reviewed 100 of those envelopes.
And at best, Warner said, that examiner found six signatures to be “inconclusive,” meaning she could not testify that they were a match to the signature on file.
But the judge said this witness found no signs of forgery.
Finally, Warner said, there was no evidence that the vote count was erroneous. So he issued an order confirming the Arizona election, which Biden won with a 10,457-vote edge over Trump.
Federal court case remains to be heard
Friday’s ruling, however, is not the last word.
Ward, in anticipation of the case going against her, already had announced she plans to seek review by the Arizona Supreme Court.
And a separate lawsuit is playing out in federal court, which includes some of the same claims made here along with allegations of fraud and conspiracy.
That case, set for a hearing Tuesday, also seeks to void the results of the presidential contest.
It includes allegations that the Dominion Software voting equipment used by Maricopa County is unreliable and was programmed to register more votes for Biden than he actually got.
Legislative leaders call for audit but not to change election results
Along the same lines, Senate President Karen Fann and House Speaker Rusty Bowers on Friday called for an independent audit of the software and equipment used by Maricopa County in the just-completed election.
“There have been questions,” Fann said.
But she told Capitol Media Services it is not their intent to use whatever is found to overturn the results of the Nov. 3 election.
In fact, she said nothing in the Republican legislative leaders’ request for the inquiry alleges there are any “irregularities” in the way the election was conducted.
“At the very least, the confidence in our electoral system has been shaken because of a lot of claims and allegations,” Fann said. “So our No. 1 goal is to restore the confidence of our voters.”
Bowers specifically rejected calls by the Trump legal team that the Legislature come into session to void the election results, which were formally certified on Monday.
“The rule of law forbids us to do that,” he said.
In fact, Bowers pointed out, it was the Republican-controlled Legislature that enacted a law three years ago specifically requiring the state’s electors “to cast their votes for the candidates who received the most votes in the official statewide canvass.”
He said that was done because Hillary Clinton had won the popular vote nationwide in 2016 and some lawmakers feared that electors would refuse to cast the state’s 11 electoral votes for Trump, who won Arizona’s race that year.
“As a conservative Republican, I don’t like the results of the presidential election,” Bowers said in a prepared statement. “But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.”