Keystone Kop Kern, #KKKern, Will Decide Who Gets Arizona’s Votes for President?

Anthony Kern, who currently contaminates an Arizona Senate seat and wants to besmirch a seat in Congress (based on his credentials as a treasonous #Jan6 conspirator, an as-yet-unindicted felony fraud fake elector, or a petulant, back-turning Hobbs election denying twat, apparently) thinks that Arizona’s citizens should just shut up and let him and his MAGA cronies in the Arizona Legislature decide who gets Arizona’s electoral votes for President.

To that nefarious end, Kern has sponsored SCR 1014:

Whereas, the United States Constitution, article II, section 1, clause 2 states that, “Each state shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress.”; and

Whereas, it is the responsibility of the Arizona Secretary of State to certify elections, including elections for President of the United States, but the sole authority to appoint presidential electors is granted to the Legislature.

Therefore

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1. That the Legislature shall remain in session during years in which presidential elections are held; and

2. That the Legislature, and no other official, shall appoint presidential electors in accordance with the United States Constitution.

SCR 1014, emphasis added.

Now, this nonsense is all based in the independent state legislature theory, which posits that state legislatures have SOLE authority to choose Presidential electors without oversight or constraint, especially by the state courts, and is total and utter hogwash that even our currently ethically compromised and politically corrupted US Supreme Court has rejected as pure MAGA fantasy. But Kern didn’t get the memo. He’s still insisting that he and his legislative buddies are some sort of constitutional super-electors who can choose Arizona’s presidential electors and screw whatever Arizona’s voters have to say about it.

He’s a moron… misguided.

First, a Concurrent Resolution isn’t law, per se. Without referring the matter to a direct vote of the citizens, such resolutions are without any legal effect: they merely express the sense (or lack thereof…) of the legislature. Importantly, however, they can’t be vetoed, and unscrupulous dastards like Kern can then claim they ‘passed a bill’ about a matter (not accurate, but who is fact checking in the Republican Party these days?) without having Governor Hobbs rain her red ink on their parade.

This resolution is merely messaging to the MAGA faithful that those who vote for it are still on-board for an authoritarian revolution that cuts the ‘wrong kind’ of voters out of the whole political power deal, and seek to remake America as an authoritarian police state. But we should certainly note who actually votes for this thing, as they are the ones itching to take away our democracy and welcome the new Trump-worshipping autocratic/theocratic order.

Note that Kern’s legislative nastygram claims that “sole authority to appoint presidential electors is granted to the Legislature“. Not quite accurate: legislatures are given the authority, in the context of their own state constitutions, to direct the manner in which electors are appointed. In all 50 states, they have already done so: democratic elections. And in all 50 states any change to that manner would have to pass muster under the respective state’s constitution as interpreted by the state’s own courts. Kern makes it sound like the legislature can just pass a list of names as the electors tomorrow and that’s that: those are the presidential electors. Total hogwash.

Also note that Kern’s Krazy Konkurrent unconstitutionally mandates that the legislature ‘remain in session’ during Presidential election years. What does that even mean? That the legislature must remain in session on EVERY day of election years? Not kosher according our state constitution. Nor can an SCR even call a special session (that’s the Governor’s power) nor can an SCR bind a future legislature to an action or a rule. Kern’s bright idea is a half-assed attempt to ensure that the state legislature would be in session to select the electors at the time of the Presidential election when, to my knowledge, the Arizona legislature has NEVER been in session in November, outside of a special session, perhaps.

Finally, Konstitutional Keystone Kop Kern claims that the ‘legislature, and no other official’ shall appoint the electors. Which chamber is that, Kern? The House? the Senate? Both? What happens if they disagree? No idea. Kern is a buffoon an unserious person. I have no doubt that this stunt is just to recommend himself to the MAGA loons in his district despite the clear Trump mandate to the MAGA faithful that #DishonestAbe Hamadeh is the anointed grifter in that district.

Kern merely beclowns himself with his daft and incompetent drafting, proving that he is a moron incompetent as a lawmaker and a traitor to our Constitutions (both federal AND state!). Anthony, just resign now and save us all – most especially yourself – the embarrassment of your vile presence in our state government.

And take Johnny ‘blog jester’ Kavanagh with you when you go, if you would, please? I swear, dictator stans and over-the-hill fail cops like you two are the WORST sort of cosplay jackbooted man-child thugs to put into a legislative office.