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.

“In light of the Behringer Memo,” DePerno said, “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. (emphasis his)'”

The findings of the six-month forensic audit in Maricopa County are set to be released this Friday.

Further, DePerno stated, “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).”


The letter discusses Chiafalo v. Washington, 591 U.S. _____, 140 S. Ct. 2316, 2324-25 (2020), which says, “Nothing in the Constitution expressly prohibits States from taking away presidential electors’ voting discretion.”

“Specifically,” DePerno said, “the Supreme Court noted that the Constitution’s text and the Nation’s history both support allowing a State to enforce an elector’s pledge to support his party’s nominee – and the state voters’ choice – for President. (emphasis his)”

Behringer focused only on the recent court case of Trump v Kent, DePerno pointed out, in which it was said, “this Court finds no grounds upon which to independently order the decertification of Georgia’s election results.” But this is a different type of case, and the ruling there didn’t concern “the court’s role or the State Legislature’s role in recall of electors or decertification of an election upon a showing of fraud subsequent to January 6.”


The letter continued, saying, “It would be meaningless if after giving full authority to the States over presidential electors, the
State Legislature could not, upon a proper showing, recall those electors to decertify a fraudulent election. It would be equally meaningless to suggest that all fraud must be discovered and presented by January 6. As the Supreme Court said in Chiafolo, supra, the State has full authority absent some other constitutional constraint.”

The auditors are scheduled to deliver their final report at 1:00 pm Friday in the Arizona State Senate.

The media already started reporting Thursday night that based on the draft report released, there is no change in the election results.

A spokesman for the election review, Randy Pullen, said, “It’s not the final report, but it’s close.”

The draft report also criticized Maricopa County for not cooperating with “a complete audit” and causing obstacles in the efforts.

“If the choice of the People has been adulterated by fraud,” DePerno’s letter said, “the Legislative branch and the People have a right, an obligation, and, indeed, a duty to call it out to ensure preservation of the Republic that is guaranteed to them by the Constitution; or indeed, to dissolve and abolish it altogether.

“Preservation of the Republic can be done by legislative decertification under the principle of the Tenth Amendment and the Supreme Court’s interpretation of the broad discretion states have over electors… In other words, the Legislature itself does not have to pass a state
law to exercise its constitutional (both state and federal) authority.

“A legislature’s determination to decertify the votes cast by the electors or to otherwise decertify an election 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,” the letter concluded. “Indeed, the failure to do so would be a violation of the Legislature’s role as a co-equal branch of government. (emphasis his)”

Check back on Red Voice Media on Friday for coverage of the audit results.