OPINION: This article contains commentary which reflects the author's opinion
Speculation is mounting about what Republicans can do if enough evidence of election fraud is uncovered in Maricopa County, Arizona.
The issue at hand is 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.”
The audit in Maricopa County has taken many turns in recent weeks.
Last week, Fann said that the state Senate lacks the authority to recall electors.
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.
Borrelli spoke on Monday about what the Arizona Republican-led Senate can do should there be enough evidence uncovered to put Joe Biden’s win in doubt.
Borrelli echoed a similar point as Senate GOP President Karen Fann, who said last week the chamber does not have the power to recall electors by itself.
“I believe the only power we can [exert] is if, for example, I’m seeing evidence of ‘there’s no way to certify this.’ The county is not coming to us with answers to any of the questions that we have, or we can’t come up with a definitive conclusion,” Borrelli said.
“So, therefore, if you can’t come up with a definitive solution or conclusion, then how can this thing be certified in the first place? I believe the only thing we could do going forward once we get the full report done is reclaim the electors, but that will take a resolution to do so,” Borrelli added.
Borrelli said he is “prepared” to put forth such a resolution if the audit’s results are inconclusive.