Arizona Can Decertify 2020 Election Results Despite What AZ Senate Lawyer Incorrectly Declared

Attorney Matt DePerno submitted a legal opinion to Sen. Wendy Rogers on September 23, 2021. This was provided after an Arizona Senate lawyer declared that the Senate could not decertify the election.

The Memorandum read, "In light of the Behringer Memo, we ask again whether a State Legislature can recall the state electors or decertify a national election upon proof of fraud in the election? After again considering the constitutional authority of the State Legislature, the Constitution itself, and U.S. Supreme Court authority and precedent, the answer is definitively ‘Yes.’"

“States have authority over their elections, including national elections. ‘Congress has never undertaken to interfere with the manner of appointing electors, or, where (according to the new general usage) the mode of appointment prescribed by the law of the State is election by the people, to regulate the conduct of such election, or to punish any fraud in voting for electors; but has left these matters to the control of the States.‘ In re Green, 134 U.S. 377, 380 (1890) (emphasis added).”

Read the full memo: (Click image to download)

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