The following is a legal opinion submitted to Sen. Wendy Rogers by attorney Matt DePerno, in response to the opinion published by the Arizona Senate lawyer who incorrectly declared that the Senate could not decertify the election.
“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:
(red Voice Media) Attorney to AZ Senator Wendy Rogers: Can Maricopa County Election be Decertified? ‘Definitely Yes’
“PHOENIX, AZ – On Thursday, attorney Matt DePerno sent a letter to Arizona Senator Wendy Rogers in response to an Arizona Senate lawyer, Ken Behringer’s own memo, in which he declared that the 2020 Presidential election results could not be decertified by the Senate. DePerno said that he is in disagreement with Behringer’s statements and outlined, in four pages of writing, why.”