What Governor Jan Brewer Should Do With the Arizona Vetting and Eligibility Bill She Just Vetoed

What Governor Jan Brewer Should Do With the Arizona Vetting and Eligibility Bill She Just Vetoed

By: Mario Apuzzo, Esq.
April 19, 2011

We all know by now that Governor Jan Brewer on April 18, 2011, vetoed Arizona’s historic vetting and eligibility bill that passed both Houses of government. But I have not heard the Governor offer any solution to the problem of assuring the integrity of the state and federal electoral process.

Governor Brewer should simply advise the Arizona legislature what her problems are, e.g., she says they are circumcision documentation (just one of the listed documents) in place of a birth certificate should the latter document not be available and the role of the Secretary of State to make sure the candidate meets the eligibility requirements, and ask them to modify the language or take it out of the law. The legislature can then resubmit the bill. That is how simple it is.

Governor Brewer also needs to understand that the federal government has not legislated in this area of vetting and confirming eligibility of presidential and vice-presidential candidates for state electoral ballot placement. Hence, at present, some unknown person is de facto fulfilling the role which would be legally given to the states’ Secretary of States.

She also needs to understand that the Constitution and case law give the states appropriate powers over the state election process which also necessarily impact on presidential and vice-presidential candidates' ability to be placed on state election ballots.

Hence, the federal government has left it up to the states to address the ballot vetting issue and would expect them to do so, provided their vetting means are reasonably in keeping with constitutional eligibility ends which are “natural born Citizen,” age 35 years old, and U.S. resident for 14 years.

Governor Brewer also needs to understand how important the Arizona legislation is not only to Arizona but to the rest of the nation. History has shown that when one acts others will follow. Here, vetoing this bill without offering a solution has caused great damage to the efforts of others to bring integrity to the electoral process involving the president and vice-president.

The lack of federal law in this area has caused the national constitutional crisis involving putative President Barack Obama II. It is totally irresponsible and contrary to her oath to preserve, protect, and defend the Constitution for Governor Brewer to simply veto this legislation without offering a solution. Governor Brewer and the Arizona Legislature need to get together and iron out the impediments, whether real or imagined, to this much needed legislation.

Mario Apuzzo, Esq.
April 19, 2011
http://puzo1.blogspot.com/
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Mario Apuzzo, Esq.
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