On Monday morning, Arizona Senate Majority Leader Sonny Borrelli issued a letter to the county boards of supervisors of the state informing them that they are to “prioritize protecting the national security” of the U.S., “during any future elections.” In short, under the U.S. Constitution, the conduct of elections falls to the state legislatures, a power that years ago was delegated to secretaries of state and county boards. Arizona’s legislature is taking that power back.
Consequently, the legislature is “exercising our plenary authority to see that no electronic voting systems in the state of Arizona are used as the primary method for conducting, counting, tabulating, or verifying federal elections unless those systems meet necessary standards of protection.”
Borrelli said in a statement, “The federal government has made it very clear that elections equipment is considered a target by those who want to threaten the safety and security of our country,” he explained.
“We have long ignored the elephant in the room by allowing electronic voting systems made with parts produced in countries considered adversaries to the United States to be used as the primary method for conducting our elections. It is in our state’s and nation’s best interest that we comply with implementation of security measures to protect our republic.”
Rogan O’Handley aka DC Draino tweeted the statement and indicated in his caption that Democrat Gov. Katie Hobbs vetoed a law along these lines, however, under the U.S. Constitution, her veto is moot. The legislature has authority independent of the Governor. He wrote, “Katie Hobbs vetoed law, but Constitution gives plenary authority to state legislature so they’re overriding her.”
AZ Senate Majority Leader Sonny Borelli issues letter to every county election office notifying them no electronic voting machine can be used in ‘24 election
Katie Hobbs vetoed law, but Constitution gives plenary authority to state legislature so they’re overriding her pic.twitter.com/FPwtEDaU5T
— DC_Draino (@DC_Draino) May 22, 2023
Chair of the Elections Committee Senator Wendy Rogers joined Garret Lewis on KNST-AM Tucson
and discussed the legislative resolution SCR 1037 which she described as a resolution that “Does not require the governor to sign off.”
She explained, “Election machinery as it were, has been deemed critical infrastructure and thus as the state legislature we are recovering our plenary authority per the United States Constitution to oversee federal elections.”
The resolution in part, “Prohibits an operating component of a voting system from being used or purchased as the primary method for casting, recording and tabulating ballots used in Arizona for federal office unless:
a) the components have been designed, manufactured, integrated and assembled in the United States using trusted suppliers and processes accredited by the Defense Microelectronics Activity as prescribed by the U.S. Department of Defense;
b) the source code for the voting system is open source and the source code used in any computerized voting machine for federal elections is made available for the public; and
c) the ballot images and system log files from each tabulator are recorded on a secure writeonce, read-many media with a clear chain of custody and posted on the SOS’s website free of charge to the public within 24 hours after the polls close.”
Rogers tweeted a press release as well as Borrelli’s letter with the caption: “It is the Arizona legislature RECLAIMING PLENARY POWER per the US Constitution over our FEDERAL elections. No more machines unless they can comply with US-only DoD standards!”
It is the Arizona legislature RECLAIMING PLENARY POWER per the US Constitution over our FEDERAL elections.
No more machines unless they can comply with US-only… pic.twitter.com/p6XM5EMhOt
— Wendy Rogers (@WendyRogersAZ) May 22, 2023
The move is likely to face legal challenges, however, the foundation of the concurrent resolution in the text of the U.S. Constitution seems virtually insurmountable.