Proposed measure to urge Congress to restore Legislature, not voters, picking U.S. senators

A measure introduced by a Republican state lawmaker would urge Congress to abolish the 17th Amendment and allow legislatures, rather than voters, to choose U.S. senators.

The proposed state resolution is more of a statement of the Arizona Legislature’s intent than it is a law. It would make the request of Congress to restore state lawmakers’ power to choose senators, which is how Senate selection operated until the 17th Amendment was ratified in 1913.

“It seems like a power grab to me. It looks like they are sore losers and are upset that Ruben Gallego beat Kari Lake and there are two Democratic U.S. senators, and the Republican Legislature wants them out, and they want the power to install whoever it is over the will of the voters,” House Minority Leader Oscar De Los Santos (D-Laveen) said.

The measure’s sponsor, Rep. Khyl Powell (R-Gilbert), did not respond to requests for comment.

His proposal hasn’t gone through any committee hearings yet, so it’s unclear how widespread support is for the idea at the state Capitol.

Because the measure is a “concurrent memorial” and not a bill, it doesn’t need to be signed by Democratic Gov. Katie Hobbs. The GOP-controlled legislature can pass it on their own.

“At a time when families are struggling with high costs and real challenges, the idea that politicians should choose other politicians couldn’t be more backward. That power belongs to the voters, and that’s exactly how it should be,” Sen. Mark Kelly said in a statement.

While opponents of Powell’s idea argue getting rid of the 17th Amendment would strip voters of their rights and concentrate more power with politicians, others believe it would make senators more accountable.

This is not the first time lawmakers have proposed repealing the 17th Amendment — or something like it. A similar idea was also proposed in 2018, when Arizona had two Republican senators.

At that time, the sponsor of the resolution was former GOP lawmaker Travis Grantham, but his idea was somewhat different.

Rather than abolishing the 17th Amendment, Grantham’s measure would have gone to voters to decide on. He proposed having Democrats and Republicans in the state House and Senate select their own two candidates for voters to decide on in the general election, instead of voters having primary elections.

Grantham said the Senate should be accountable to the Legislature, and through the altered process, they’d be forced to work in tandem with state legislators.

“Every six years a senator would have to come back, Republican or Democrat, stand in front of its respective party, his or her respective party, and say here’s what I’ve done for the state of Arizona. This is why you should send me back,” he said.

Grantham argued his idea would actually benefit voters, because it’s often easier for constituents to get an appointment with state representatives than federal ones.