Thread: Brewer Hints She May Veto Arizona’s ‘Birther’ Bill

Brewer hints she may veto Arizona’s ‘birther’ bill:

East Valley Tribune

04/15/2011 | Howard Fischer

Posted on Friday, April 15, 2011 8:58:05 PM

by Smokeyblue

Gov. Jan Brewer hinted Friday she might veto legislation designed to give the Arizona secretary of state the final say of who gets to run for president here.

Brewer told Capitol Media Services she is still reviewing the measure given final approval late Thursday, which spells out what documents have to be presented by political parties to get their candidate on the ballot. The legislation requires the secretary of state, as chief elections officer, to deny ballot status to those who do not submit the required paperwork.

Backers, led by Rep. Carl Seel, R-Phoenix, say they are just trying to protect the integrity of the electoral process. But Brewer, who was secretary of state for six years before becoming governor, said the wishes of the state legislators who support the measure may be irrelevant.

“I think my big concern probably, just shooting a little bit from the hip, is the fact that I don’t know if we regulate federal elections,’’ she said.

Seel conceded he is doing something no other state has tried. And he said there are court rulings that could be interpreted to conclude that his measure gives “too much authority to the secretary of state.’’

“But we’ll let the courts decide that,’’ he said, anticipating the likely legal challenge.

http://www.freerepublic.com/focus/f-news/2705586/posts

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East Valley Tribune

updated 4/15/2011 8:45:36 PM ET 2011-04-16T00:45:36

Share Print Font: +-Gov. Jan Brewer hinted Friday she might veto legislation designed to give the Arizona secretary of state the final say of who gets to run for president here.

Brewer told Capitol Media Services she is still reviewing the measure given final approval late Thursday, which spells out what documents have to be presented by political parties to get their candidate on the ballot. The legislation requires the secretary of state, as chief elections officer, to deny ballot status to those who do not submit the required paperwork.

Backers, led by Rep. Carl Seel, R-Phoenix, say they are just trying to protect the integrity of the electoral process. But Brewer, who was secretary of state for six years before becoming governor, said the wishes of the state legislators who support the measure may be irrelevant.

“I think my big concern probably, just shooting a little bit from the hip, is the fact that I don’t know if we regulate federal elections,’’ she said.

Seel conceded he is doing something no other state has tried. And he said there are court rulings that could be interpreted to conclude that his measure gives “too much authority to the secretary of state.’’

“But we’ll let the courts decide that,’’ he said, anticipating the likely legal challenge.

Seel said, though, he believes states have inherent authority “to enforce election law and determine the validity of a candidate on the ballot,’’ including the person at the top of the ticket He also said the bill, going to Brewer this coming week, is not designed to attack the 2012 candidacy of incumbent Barack Obama.

In fact, he noted that the legislation requires candidates for candidates for all offices to attach “documents necessary to show that the person will be qualified at the time of the election to hold the office the person seeks.’’

But it is only presidential candidates who would have to provide a “long form birth certificate’’ or two other documents from a list of options.

And Seel acknowledged the idea of having the state independently determine the eligibility of presidential candidates never arose until after Obama’s 2008 election. “He did draw the question out,’’ said Seel, who said he has “a lot of misgivings’’ about whether the president is a “natural born citizen’’ as constitutionally required.

Brewer would not directly answer the question of whether she believes Obama was born in the United States. But she said there is evidence to believe he is.

“It’s been stated by the governor (of Hawaii), Linda Lingle, who I spoke with directly, that he was born in Hawaii,’’ she said.

Ken Bennett, who became secretary of state when Brewer became governor, isn’t going to second-guess the legality of what the Legislature did.

“I think he’s inclined to follow the bill,’’ said spokesman Matt Roberts, and demand the documents of presidential contenders. “He’s going to carry out the spirit and the word of the law.’’

But Roberts said Bennett knows he really won’t get the last word on this, saying the secretary of state fully expects the issue to wind up in court.

The White House would not comment on the legislation or whether there might be plans to challenge it.

As approved, the legislation requires the secretary of state to refuse to place a candidate’s name on the ballot unless the national political party provides documents Seel said prove the person meets the citizenship requirements in the U.S. Constitution.

Lisa Hauser, considered one of the top election experts in Arizona, said the legislation could be interpreted to simply ensure that requirement has been satisfied.

But Hauser said the mandate for production of documents might be imposing an additional qualification on the ability to run for president. And that, she said, is beyond the power of the state.

Beyond that, Hauser said the measure could be seen as providing the secretary of state with entirely too much discretion to decide who is and is not entitled to run.

“The deal has always been, at least here in Arizona, is that the secretary of state accepts whatever the candidates bring them,’’ she said. Hauser said it is them up to a political foe to challenge the ability of that person to run for the office, whether because the candidate did not submit sufficient signatures or is not legally qualified to run.

In the case of statewide offices, for example, the Arizona Constitution says candidates must be at least 25 years old, have been a U.S. citizen for at least 10 years and a citizen of Arizona for the last five. Anyone who contests a candidate’s qualification can ask a judge to intercede.

Hauser said this law, however, gives the secretary of state “subjective’’ powers to determine if the documents submitted are valid — but only for presidential candidates.

“I don’t know why this should be different,’’ Hauser said.

The basic requirement under Seel’s legislation is for a birth certificate that includes at least the date and place of birth, the names of the hospital and attending physician if those are applicable, and the signatures of any witnesses present.

Those who cannot produce such a document can instead provide two other documents from a list which includes an early baptismal or circumcision certificate, a hospital birth record, postpartum medical records for the mother or child signed by the doctor, midwife or person who delivered or examined the child after birth, or an early census record.

It also permits a candidate to submit an affidavit of two people who were present at the candidate’s birth. But that only goes to support — and does not replace — the original list.

What the law also does is give the secretary of state authority to decide, unilaterally, that even with the documents submitted, that the presidential candidate is not qualified based on the “preponderance of the evidence.’’
“It’s better if the secretary of state is not injected into a more substantive role’’ than simply accepting the paperwork, Hauser said.

Seel, however, said he believes the legislation will withstand legal challenge. “The secretary of state doesn’t necessarily have to be a document expert,’’ he said.

Seel’s interest in the issue got him the attention of business tycoon and TV reality show host Donald Trump, with the pair meeting a week ago in New York City. Trump has used questions about whether Obama is a citizen to generate buzz for a possible run for president. “Trump and I have a lot of common interests, not only on this issue,’’ Seel said.

“We spoke about a great many more issues in my interview with him,’’ he continued. “I can’t go into detail as to what those subjects were.’’
Asked whether he will back Trump in a presidential bid, Seel said, “We’ll see.’’

http://www.msnbc.msn.com/id/42616715/ns ... hoenix_az/

The election for U.S. President is technically a state election--not Federal. The voters do not vote directly for a President but vote for electors. The electors are state representatives.

Arizonans are having a difficult time trying to enact and enforce laws in the State of Arizona. It seems someone is blocking the border State's laws for an unknown reason.

I think Governor Brewer needs to sign this bill and move it forward. We have to start somewhere with states protecting the integrity of our elections by ensuring the eligibility of our candidates for the Presidency of the United States.

Originally Posted by Judy

I think Governor Brewer needs to sign this bill and move it forward. We have to start somewhere with states protecting the integrity of our elections by ensuring the eligibility of our candidates for the Presidency of the United States.

that should be done on the federal level and not the state level ....

if you allow states to determine who is , or who is not to appear on the ballot , that could lead to certain states that have poltical bias to tilt elections ...

Originally Posted by marquis

Originally Posted by Judy

I think Governor Brewer needs to sign this bill and move it forward. We have to start somewhere with states protecting the integrity of our elections by ensuring the eligibility of our candidates for the Presidency of the United States.

that should be done on the federal level and not the state level ....

if you allow states to determine who is , or who is not to appear on the ballot , that could lead to certain states that have political bias to tilt elections ...

There was a bill introduced in Congress last year to do that but the session expired with no action and no such bill has been re-introduced this session so the federal level will never address it. It's just like illegal immigration, the states have to do it.

We're a Republic, a nation of states, not a democracy. People sometimes forget that important distinction. States decide who becomes President, not the feds or even the people. It's absolutely within the power of states to determine who is on their primary ballots and who wins the primaries and party nominations to be on the ballot for the General Election.

As to bias, there can be no greater political bias in a Presidential election that what exists on the federal level. The President would be in charge of enforcing the federal law while being a candidate running against the very people whose eligibility he/she is determining. There is no greater conflict of interest in existence.

In 2012 would you want Barack Obama making the decision of who is or isn't eligible to run against him or determining his own eligibility? Would you want Eric Holder doing it? I think .. not.

Just like illegal immigration, the states have to handle this one as well and use the courts to overturn any misconduct in the Secretary of State's Offices whenever it occurs.