On Wednesday, Arizona Attorney General Mark Brnovich stepped up and joined the battle for a forensic audit in Maricopa County over election equipment and ballot images.
In an amicus brief, Brnovich stated that the Senate does have the authority to issue two subpoenas demanding that the Board of Supervisors in Maricopa County hand over election materials as well as machinery.
Check out what AZ Central reported:
The Dec. 15 subpoenas gave the supervisors three days to respond and produce a voluminous amount of material from the general election, including images of all mail-in ballots, detailed voter information and machines used to count votes.
The supervisors did not respond to the subpoenas by the deadline and instead sued to stop them, saying state law prohibits the county from turning over copies of ballots and arguing the state Legislature was overreaching its powers.
Brnovich’s brief, however, claims the supervisors misunderstood the scope of the Legislature’s sweeping authority to issue and enforce subpoenas. It contends the county’s position is “inconsistent with constitutional structure, governmental tradition and practice, the plain meaning of an Arizona statute, and binding Arizona Supreme Court case law.”
Board of Supervisors Chairman Clint Hickman said in response that Brnovich’s brief addressed whether the Senate could issue subpoenas for the purpose of deciding what new election laws to make, but it didn’t address whether it could issue subpoenas in an attempt to overturn the election.
“What is at issue in the court is whether a legislative subpoena is the proper constitutional mechanism for the state Senate to take custody of the voting machines and voter database and millions of ballots for purpose of determining whether it wants to throw out the November 3, 2020 election results and impose their preferred slate of presidential electors,” Hickman said. “Unfortunately, the (Attorney General’s) brief declined to address that issue.”
A judge on Monday will discuss scheduling for the lawsuit.
Earlier in December, the Maricopa Board of Supervisors voted 4-1 to refuse to comply with subpoenas in turning over the Dominion voting machines for an audit.
“The goal is to verify the machines did what they are supposed to do,” Senate President Karen Fann said.
In his brief, Brnovich argued the following four points:
(1) The Arizona Legislature has broad constitutional and statutory authority to issue legislative subpoenas
(2) The Court’s review of legislative subpoenas should be deferential
(3) The presiding officer of either house or the chairman of any committee have the power to issue subpoenas to the County related to the County’s election administration
(4) Subpoenas issued to political subdivisions, like the County, do not present separation of powers issues
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