The Superior Court of Maricopa County, Arizona has determined that the state’s Senate Republicans’ subpoenas concerning election materials and equipment are both “legal and enforceable.”
“The Court finds that Subpoenas are legal and enforceable. There is no question that the Senators have the power to issue legislative subpoenas,” Judge Timothy Thomason said Friday.
“The Subpoenas comply with the statutory requirements for legislative subpoenas. The Senate also has broad constitutional power to oversee elections,” the court’s conclusion stated.
The GOP-backed county board requested Thomason to nullify the subpoena issued by the Senate. They argued that the ballots are sealed under laws the Legislature passed and the Senate does not have a right to access them, claiming it would be illegal.
“The Arizona legislature clearly has the power to investigate and examine election reform matters. Accordingly, the Senators have the power to subpoena material as part of an inquiry into election reform measures,” the judge said in his review.
The Senate’s subpoenas did not violate the separation of powers principle, and subpoenaed materials would not violate confidentiality laws, Thomason added.
“Indeed, if that were the case, it would be illegal for any County official to ‘see’ any ballot after it was prepared for voting. It is apparent that the word ‘person,’ as used in this statute, does not refer to government officials,” Thomason went on to say.
Senate leaders have stated time and again that they aren’t pleased with the county’s audits. This is one step forward for the folks who feel like there might be something to the charges of voter fraud.
At the end of the day, it’s critical for the survival of our republic that we keep our election system secure. Every vote is a voice and every voice deserves to be heard.