Legal Opinion Re: Authority Over Elections and Electors

The following is a legal opinion submitted to Sen. Wendy Rogers by attorney Matt DePerno, in response to her question “Can a State Legislature recall the state electors to decertify a national election upon proof of fraud in the election?”

DePerno concludes that “The Answer is ‘Yes.’ […] A legislature’s determination to decertify the votes cast by the electors on demonstration of fraud in the election itself is nothing more than the Legislature’s use of its reserved sovereign powers under the Tenth Amendment to protect those fundamental rights and privileges reserved to the People by the Ninth Amendment.”

Read the full memo:

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