The Maricopa County Board of Supervisors must turn over ballots and tabulation machines to Senate Republican leaders so they can conduct an audit of the 2020 general election, a judge ruled.
Maricopa County Superior Court Judge Timothy Thomason ruled on Friday that it was within the Senate’s authority to subpoena the materials and equipment for the purpose of an election audit. The ruling brings a likely conclusion to the months-long battle between the supervisors and the Senate.
“The Court finds that the Subpoenas are legal and enforceable. There is no question that he 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. The Arizona legislature clearly has the power to investigate and examine election reform matters,” Thomason wrote in his ruling.
After meeting with their attorneys, the supervisors decided to not appeal the ruling. Supervisor Jack Sellers, the board’s chairman, said the ruling “brings clarity to whether Senate subpoenas apply to ballots that, per state law, must be kept private following an election.”