The proposed legislation compelling us to submit to a National Public Vote (HB2456 and SB1218) is bad public policy that violates the spirit as well as the letter of the U.S. Constitution, not to mention the trust of Arizonans in our legislators to represent us. The U.S. Constitution, Art. II, §I, Clause 2 recognizes the authority of the state governments to determine the manner to appoint our electors. But it limits that authority to the appointment of our electors. It states; “Each state shall appoint. . . a number of electors . . . to which the State may be entitled in the Congress . . .” This plain language is clear and unambiguous. Our State shall appoint our electors; not a third-party national organization unaccountable to Arizona voters. The Constitution does NOT convey the authority for our legislators to abdicate their responsibility by delegating it (i.e., giving it away) to anyone else. The State Compact states that the winner of the national popular vote “shall have the power to nominate the presidential electors for that state and that state’s presidential elector.” We would no longer have the “power” to nominate our own electors.
Senator Allen says that “This power is exclusive to the state’s . . ..” First, a correction is in order. The people have the “power.” The branches of government, including the legislators are granted limited “authority” pursuant to our permission granted through our Constitutions. The Compact should refer to “authority” and not try to convey a “power” they do not have. Second, a more accurate rendition of this constitutional issue is that the state legislators have the responsibility and the duty to exercise their limited authority, granted by our citizens, to ensure that we appoint our own electors to represent our citizens.
FRAUD
Proponents say the proposed National Public Vote will reduce the possibility of fraud. But saying that introducing more and unaccountable national political functionaries between our ballot box and the outcome of appointing our electors is akin to believing that letting those that run the casino, write and change the rules, will not invite or increase cheating. As history demonstrates, the house wins and the people lose. Or to put it more bluntly, we might as well ask Karl Rove or Debbie Wasserman Schultz to appoint our electors and skip the middle man, i.e., our voters.
If you abdicate your legislative responsibility through this legislation you will cut directly into the heart of what it means to have a representative form of government. Our representatives to the Electoral College must be chosen by us, through our internal state system, to represent us and not chosen by an unaccountable national party establishment group. There is nothing more fundamental to a Republic, a representative form of government, than our unalienable right to choose our own electors in our own internal state process.
DISENFRANCHISES ARIZONA VOTERS
HB 2456 and SB1218 will disenfranchise our voters and dilute the ballots of Arizona voters. They disenfranchise Arizonans from selecting our own delegates and will subject our votes to the votes cast by illegal aliens. Last year ½ of the driver’s licenses issued in California were to illegal aliens. Illegal aliens are automatically registered voters in California. Legislators should ask our AG to sue the Electoral College to prevent the disenfranchisement of our electors by the votes of illegal aliens instead of submitting to them.
The Compact currently has 10 heavily Democrat state members with 170 electoral votes. If a majority of Arizona voters vote for a Republican candidate, the popular vote of the Compact will be Democrat and our compact appointed electors will be Democrats; Not Republicans. They will not represent the will of the popular vote of our people. It is difficult to imagine a clearer example of disenfranchisement than declaring our votes don’t count.
Ironically, if this should become the model, you are undermining and nullifying the value of the very representative position you hold. When we voted we did not cast ballots for the prevailing gubernatorial candidate or state party boss to decide who our delegates will be to represent us in the legislature for our respective legislative districts. All the state votes are not pooled together to get a majority and then give the authority to those in charge of the majority party to appoint our representatives and senators (delegates). Would you, as our legislative elector, surrender your hard earned right to represent us after a campaign where you won the majority of votes in your district and then surrender the choice of candidates to the state nominee/party leadership? That is what you are asking us to do.
More succinctly put, this system enables the elimination of the rights of voters and minorities. We are a minority state with minorities. That sovereignty must be preserved. Please vote no on HB2456 and SB1218. Thank you.
Bill Sandry
bill@billsnotes.net