ARIZONA STATE SENATE
RESEARCH STAFF
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MIKE HANS |
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LEGISLATIVE RESEARCH ANALYST GOVERNMENT COMMITTEE Telephone: (602) 926-3171 |
TO: MEMBERS OF THE SENATE
APPROPRIATIONS COMMITTEE
DATE: February 19, 2021
SUBJECT: Strike everything amendment to S.C.R. 1006, relating to special session; election
Purpose
Subject to voter approval, constitutionally requires the Legislature to hold a special session following a presidential election for the purpose of reviewing or investigating the results of the election before certifying the results of the selection of presidential electors. Asserts the Legislature has the sole authority to appoint the presidential electors who will cast the state's votes in the Electoral College.
Background
The chair of the state committee for each political party qualified for representation on an official ballot must appoint candidates for the office of presential elector equal to the number of U.S. Senators and U.S. Representatives from Arizona. The state committee chairs must file for each candidate a nomination paper and affidavit showing the candidate resides in Arizona and will be qualified for the office of presidential elector at the time of the election (A.R.S. § 16-344).
Presidential electors must be elected by the first Tuesday after the first Monday in November. After the Secretary of State (SOS) issues the statewide canvass containing the results of the presidential election, state presidential electors must cast their electoral college votes for the candidate for President and Vice President who jointly receive the highest number of votes in Arizona. A presidential elector who knowingly refuses to cast the elector's electoral college vote for the candidates who receive the highest number of votes is no longer eligible to hold the office of presidential elector and must be replaced with another elector by the chair of the state committee of the political party represented by the elector (A.R.S. § 16-212).
The SOS must canvass all offices for which nominees filed nomination petitions and papers on the fourth Monday following a general election in the presence of the Governor and the Attorney General. If the official canvass of any county has not been received by the fourth Monday following the election, the canvass must be postponed from day-to-day for up to 30 days (A.R.S. § 16-648).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Legislature to hold a special session at the state capitol beginning on the Monday following a presidential election for the purpose of reviewing or investigating the election results, as needed, before certifying the results of the selection of presential electors.
2. Asserts that the Legislature:
a) has sole authority to appoint the presidential electors who will cast the state's votes in the Electoral College; and
b) must exercise the authority to appoint presidential electors without interference and consistent with Article II, Section 1 of the U.S. Constitution.
3. Requires the Speaker of the House of Representatives and President of the Senate to jointly certify the names of appointed presidential electors to the Governor.
4. Requires the Governor to submit the names of presidential electors to the President of the U.S. Senate.
5. Exempts, from the requirement that the SOS canvass the election returns and issue election certificates, the certification of presidential electors.
6. Makes technical and conforming changes.
7. Requires the SOS to submit the proposition to the voters at the next general election.
8. Becomes effective if approved by the voters and on proclamation of the Governor.