PHOENIX — A new proposal in Arizona's Legislature challenges the very essence of democracy.
State Sen. Anthony Kern introduced a plan, known as Senate Concurrent Resolution 1014, that would give Arizona lawmakers the power to supersede the state's popular vote and decide on presidential electors. The proposal, if successful, would be especially impactful as Arizona continues to be a key swing state in presidential elections.
Kern, R-Glendale, was one of eleven 'fake electors' in 2020 who attempted to change Arizona's electoral votes. The group claimed — even after the election had been certified by the state's Republican governor, Doug Ducey — that then President Donald Trump had won a state all legitimate counts found he had very narrowly lost.
SCR 1014 is rather straightforward and simple, less than a page in length, proposing that "the Legislature, and no other official, shall appoint presidential electors in accordance with the United States Constitution."
Stefanie Lindquist, a professor of law and political science at Arizona State University and executive director of the Center for Constitutional Design, said the proposal was "very much like the Electoral College was initially intended to be."
"The Electoral College was supposed to be a way for, you know, platonic, 'wise' guardians to protect [us] from ourselves," Lindquist said. "And this operates in a very similar way."
Lindquist said the plan aligns in some ways with the legal theory of "independent state legislatures," a theory that posits legislatures have the sole authority to create election laws for their states, without constraints. It draws inspiration from Article 1, Section 4, Clause 1 of the U.S. Constitution, better known as "The Elections Clause."
"It's the legislature saying, 'Hey, you can vote, but we may know better than you and therefore we're going to use our right under state law to substitute our vote for yours,'" said Lindquist.
The concept of state legislatures choosing federal lawmakers is not new, though it's looked different in the past. Prior to the 17th Amendment being added to the Constitution in 1913, U.S. Senators were chosen by state legislators. Fears of legislative corruption spurred, in part, the shift to allow voters to choose their representation in the U.S. Senate.
ABC15 reached out to Kern requesting an interview about his proposal. He did not respond.
Kern is not the first to bring up the idea of giving state legislatures more election authority. The theory of "independent state legislatures" went as high as the U.S. Supreme Court, which rejected it in a 6-3 ruling last June.
"This would reverse the idea that the popular vote is what drives electoral votes," Lindquist said.
Voters ABC15 talked to on Tuesday — on and off camera and across the political spectrum — were adamantly against Kern's proposal.
"I have a right to vote. I've been doing it for a lot of years, so I believe my vote should count, not someone who's sitting in an office somewhere," said an Arizona voter who asked to be identified only as Terry. "It's come to the point that our elected officials believe that they know better than I or you or the populace of the state."
"They're too biased, prejudiced either way," Joann Spletter said about state lawmakers. "And I guess the voters are too, but I, the voter, should have the say about who my president is going to be."
The resolution is not a bill and does not need the support of the governor. If it passes both chambers, it would be up to voters to decide.
One key hurdle lies ahead of SCR 1014, ABC15 is told the Arizona Senate will not entertain any legislation that would overturn the will of the voters.
