Judge Timothy J Thomason has ruled the Maricopa, Arizona, board of elections must turn over 2.1 million ballots to the republican state senate so they can be reviewed for any election issues. [direct pdf of ruling here]
ARIZONA – 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.
The Senate’s lawyers contended that the constitution gives the Legislature the role of maintaining the purity of elections and make sure voter integrity is protected, that the subpoenas were legal and a proper use of legislative power.
In his ruling, Thomason agreed with the Senate on all those arguments, saying the subpoenas “are legal and enforceable.”
“There is no question that the Senators have the power to issue legislative subpoenas,” Thomason wrote. “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,” the ruling says. “The Subpoenas also do not violate separation of powers principles. Production of the subpoenaed materials would not violate confidentiality laws.” (read more)
The Arizona Senate released the following statement:
