The Arizona Attorney General’s Office, in response to a complaint filed by Senator Sonny Borrelli, has determined the Maricopa County Board of Supervisors is in violation of state law for failing to comply with the Arizona Senate’s legislative subpoena related to the 2020 election audit.
The Arizona Attorney General’s Office (AGO) has notified the Maricopa County Board of Supervisors that if they fail to resolve the violation within 30 days, the AGO, in accordance with state law, will notify the Arizona Treasurer to withhold state revenue from Maricopa County until MCBOS complies.
Borelli filed a “SB 1487” complaint at the suggestion of attorney Alex Kolodin. The complaint was filed under A.R.S. § 41-194.01, which authorizes any legislator to request the Attorney General investigate a county or city alleged to be in violation of state law.
On July 26, 2021, Arizona Senate President Karen Fann and Senator Warren Petersen issued a subpoena to the Board of Supervisors related to the Senate’s audit of the 2020 election. The Senators requested items for production by August 2, 2021, including routers and network logs.
The Board of Supervisors objected to the requested information, and to date, has not provided all of the subpoenaed materials. Moreover, in its response to the AGO, the Board of Supervisors failed to explain why it is not required to comply with the legislative subpoena. Its only response was that the Arizona Senate is not currently in session, so the Board of Supervisors could not be held in contempt.
The Maricopa County Superior Court previously affirmed that the Senate has the power to issue legislative subpoenas related to election reform and has broad discretion to determine what additional information is needed.
When the Board of Supervisors refused to comply earlier this year, the Court ruled the subpoenas did not violate the separation of powers principles, and producing subpoenaed materials would not violate confidentiality. The majority of the Board of Supervisors publicly welcomed that decision after it came out and chose not to appeal. The AGO argues that the legal principles announced in that decision are no less persuasive or binding today.
In December 2020, the AGO wrote an amicus brief in support of the Senate’s authority.