What Republicans can do if enough evidence of election fraud is uncovered in Maricopa County, Arizona? Who has the legal authority to actually recall Arizona’s 11 state electors if lawmakers attempt to go that route?
Constitutional attorney John Eastman argued on Steve Bannon’s War Room podcast that the Arizona State legislature can legally decertify a fraudulent election in the battleground state.
“We don’t have to live with a fraudulent election,” Eastman said.
Senate GOP President Karen Fann said last week that the chamber does not have the power to recall electors by itself.
Eastman said he disagrees and claimed that “there is ample authority to fix this problem.”
“We are in uncharted territory, but there are a couple of things to point to. We can point to the Hawaii Election of 1960 when the Governor subsequently certified another slate of electors after they discovered an error in the initial certification,” Eastman said.
“We can point to Section 2 of Title 3 of the United States Code that says when a state has had an election and has failed to make a choice on the day prescribed by law, which is, you know, the choice that was made. The assumption was that it was fraudulently given because of illegal votes. The electors may be appointed on a subsequent day in such manner as the legislature of such state may direct,” Eastman continued.
He continued: “So that recognizes the authority of the Legislature to fix a problem.”
Arizona Republican State Senate Majority Whip Sonny Borrelli is floating the idea of introducing a resolution to “reclaim electors” if evidence from the audit in Maricopa County could change the results of the 2020 election outcome in the state.