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.
Updated: 9:32 PM MST February 26, 2021
PHOENIX Almost four months after Election Day, the 2020 election is far from over in Maricopa County.
Arizona Senate Republicans will obtain the Maricopa County election equipment and ballots they ve been seeking since December, after the county said it wouldn t appeal judge’s ruling Friday backing the Senate demand. (The) ruling brings clarity to whether Senate subpoenas apply to ballots that, per state law, must be kept private following an election, as well as the many other documents and equipment demanded,” Board Chairman Jack Sellers said in a prepared statement.
“We…will immediately start working to provide the Arizona Senate with the ballots and other materials. We hope senators will show the same respect and care we have for the 2.1 million private ballots and use them in service of their legislative duties.
Judge to rule on senate subpoenas
The question of whether state senators get access to Maricopa County’s voting equipment and ballots could turn on the question of whether they dotted their i’s and crossed their t’s.
At a court hearing Thursday, Deputy Maricopa County Attorney Tom Liddy did not dispute that Arizona law gives legislators the power to issue subpoenas.
But he told Maricopa County Superior Court Judge Timothy Thomasson that there are procedures outlined in law for what has to happen. And Liddy said that didn’t happen here.
Even if it did, Liddy hopes to convince the judge that lawmakers are not entitled to at least some of what they are demanding. He cited a provision in state law that says voted ballots have to remain locked up for 24 months, with the only exception being a legal challenge to the election, which this is not.
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In this Nov. 4, 2020, file photo, Maricopa County elections officials count ballots in Phoenix. (Matt York/Associated Press, File)
PHOENIX A legal battle between the Arizona Senate and the Maricopa County Board of Supervisors came to an end Friday when a judge ruled the Legislature could access the county s election ballots and equipment.
The board had previously refused to submit to subpoenas from the Senate, arguing that Maricopa County s 2.1 million ballots should be kept secret out of concerns for voter privacy. Lawyers for the senate argued that lawmakers had the right to uphold voter integrity following baseless allegations of fraud in the county s election, saying the subpoenas were legal.