Attorney General: Maricopa County Election Officials Violating Law By Ignoring Audit Subpoena

By Corinne Murdock

On Thursday, Attorney General Mark Bnrovich determined that the Maricopa County Board of Supervisors (MCBOS) were in violation of the law for ignoring the State Senate’s subpoena for the ongoing election audit.

Brnovich stated that MCBOS was notified that it must comply with the law. If the election officials still refuse within 30 days, the Arizona Treasurer will withhold state revenue from the county. According to county officials, that would total nearly $700 million.

MCBOS has refused to comply with the Senate’s latest subpoena for reports, findings, and other documents concerning any breaches to the voter registration server, the Maricopa County Recorder’s Office systems, or any other aspect of the Maricopa County elections systems within six months of the general election; all ballot envelopes; all user names, passwords, pins, and/or security keys or tokens required to access or otherwise related to any and all ballot tabulation devices; all Maricopa County registered voter records to date and all change histories; routers; and splunk logs, network logs, net flows, or similar data.

MCBOS objected on multiple grounds to the Senate’s subpoena. They argued that the subpoena was unlawful because it was issued when the Senate was out of session; they weren’t given adequate notice; it was overly broad and unduly burdensome; it included records already in the Senate’s custody and control, records the election officials aren’t in possession of, records protected by attorney-client privilege, and records that may not lawfully be produced; wasn’t backed by a Senate vote or Arizona Senate Committee.

The election officials also argued that this subpoena was an abuse of power, or designed merely to harass, and was already mooted by the Senate’s actions.

Brnovich disagreed, concurring with a previous opinion held by the Maricopa County Superior Court.

“Our courts have spoken. The rule of law must be followed,” said Brnovich.

The issue will now go before the Arizona Supreme Court.

The attorney general’s full report is available here.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.