Arizona Attorney General Says Legislature Has Authority to Order Election Audit

- THE EPOCH TIMES - Dec 31, 2020 -


A poll worker sorts ballots inside the Maricopa County Election Department in Phoenix, Arizona, on Nov. 5, 2020. (Olivier Touron/AFP via Getty Images)

Arizona’s attorney general on Wednesday said the state legislature has the authority to issue subpoenas regarding the administration of elections.

Attorney General Mark Brnovich sided with state lawmakers who are trying to compel Maricopa County election officials to produce material from the Nov. 3 election, including scans of mail-in ballots and images from voting machines.

“The Arizona Legislature has broad power to issue subpoenas regarding election administration in connection with the 2020 general election, both to review how the county discharged its duties during that election and to craft future election legislation. Any argument by the county otherwise should fail,” Brnovich, a Republican, said in a court filing.

Brnovich weighed in on an ongoing case, Maricopa County v. Fann, in the Maricopa County Superior Court.

State lawmakers issued subpoenas to the county’s Board of Supervisors earlier this month, calling for a scanned ballot audit and a forensic audit of ballot tabulation equipment and software. But the board voted against complying with the subpoenas, instead seeking judgment from a court about whether they have to comply. Arizona senators then filed a countersuit, asking the court to enforce the subpoenas, which was dismissed.

County officials alleged the subpoenas were “far in excess” of the state legislature’s power. “The subpoenas are unlawful,” the county said in its lawsuit.


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