Court gives Senate access to election equipment, appeal expected
State senators are entitled to access to voting equipment, related materials and all 2.1 million ballots used by Maricopa County in the November election to conduct their own audit and review, a judge concluded Friday.
In a 16-page ruling, Maricopa County Superior Court Judge Timothy Thomasson swatted down a series of arguments by county officials who contend the lawmakers have no legal basis for the subpoena they issued. The judge was no more impressed by claims that the senators did not follow the proper procedures for issuing the subpoena.
Most significantly, Thomasson brushed aside claims by county officials that the real purpose of the subpoena is not to use the information gathered to review existing election laws but instead to try to overturn the results of the 2020 election.
Arizona Senate can access Maricopa County ballots, judge rules Follow Us
Question of the Day By Bob Christie - Associated Press - Friday, February 26, 2021
PHOENIX A judge ruled Friday that the Arizona Senate can get access to 2.1 million ballots and election equipment from Arizona’s most populous county so it can audit results of the 2020 election that saw Democrat Joe Biden win in the state.
Maricopa County Superior Court Judge Timothy Thomason’s decision comes after a protracted battled between the Republican-controlled state Senate and the GOP-dominated Maricopa County board over subpoenas issued by the Senate.
The five-member Board of Supervisors argued that the ballots were secret, that the Legislature had no right to access them and that the subpoenas issued by Senate President Karen Fann were for an illegitimate purpose, among other arguments.
Judge Rules Arizona’s Maricopa County Must Turn Over 2.1 Million November Election Ballots to Senate
A judge on Friday ruled that Maricopa County must provide some 2.1 million ballots from the Nov. 3 election to the Arizona state Senate and allow access to its election equipment to conduct an audit.
Maricopa County Superior Court Judge Timothy Thomason ruled that subpoenas issued by Arizona’s state Senate are valid and should be enforced, and he disputed arguments from Maricopa County officials saying the subpoenas are unlawful. The county previously stated that multiple audits have been sufficient and said ballots should be sealed.
“The Court finds that the subpoenas are legal and enforceable,” Thomason wrote (pdf) in his ruling. “There is no question that the Senators have the power to issue legislative subpoenas. The subpoenas comply with the statutory requirements for legislative subpoenas. The Senate also has broad constitutional power to oversee elections.”
Maricopa County will turn over
ballots from the November general election to the Arizona Senate and provide the Senate access to its voting machines so it can conduct an audit, after a judge s ruling Friday.
Maricopa County Superior Court Judge Timothy Thomason said that the subpoenas issued by the Arizona Senate are valid. He said he disagreed with the county s arguments that they were unlawful and that the county legally could not hand over the ballots.
In response, Maricopa County Board of Supervisors Chairman Jack Sellers said in a statement Friday afternoon that the county will immediately start working to provide the Arizona Senate with the ballots and other materials.