Arizona Republican State Legislators Push Back Against Defiant Maricopa County’s Refusal to Cooperate with Subpoenas

PHOENIX, AZ - MAY 01: Contractors working for Cyber Ninjas, who was hired by the Arizona State Senate, examine and recount ballots from the 2020 general election at Veterans Memorial Coliseum on May 1, 2021 in Phoenix, Arizona. The Maricopa County ballot recount comes after two election audits found no …
Courtney Pedroza/Getty Images

Arizona Republican state legislators pushed back against Maricopa County officials on Tuesday, one day after the county’s Board of Supervisors defiantly refused to cooperate with subpoenas for additional information about the November 3, 2020, election conducted in the state’s most populous county.

“Build the case, set the trap, and boom the Maricopa lies will come back to haunt them,” State Senate President Karen Fann (R-Prescott) tweeted on Tuesday:

Fann’s tweet came a day after she released a statement on Monday when news of Maricopa County’s defiance broke:

Based on today’s responses from Maricopa County and Dominion, it appears we will soon secure copies of ballot envelopes and critical voter registration information. That is progress, and the final audit report will be better because of it.

Maricopa County’s slow-walk of the Senate public records request into a possible breach of the voter registration server is frustrating, and we will try to be patient and give the County more time to comply, as they requested.

We are weighing our options for securing access to the routers and passwords and will make a thoughtful decision in due course after conferring with my staff, counsel, and colleagues. It is unfortunate the noncompliance by the County and Dominion continues to delay the results and breeds distrust.

We remain committed to ensuring election integrity as voter confidence is at the heart of what we set out to achieve in this endeavor. Our constituents deserve no less.

“The Maricopa County Board of Supervisors sent a defiant letter to the Arizona State Senate on Monday, refusing to cooperate with the state legislative body’s request for additional information about the November 2020 general election in the state’s most populous county,” Breitbart News reported earlier this week.

On Tuesday, State Senate Majority Whip Sonny Borrelli (R-Lake Havasu City) released a statement announcing he asked Arizona Attorney General Brnovich to investigate the Maricopa County Board of Supervisors for violating the law:

Today I submitted a request for the Arizona Attorney General to investigate the Maricopa County Board of Supervisors for their failure to comply with subpoenas from the State Senate. The supervisors are acting as if they are above the law, and it is an insult to the citizens of our state.

President Fann has handled this process professionally and she has tried to be diplomatic while dealing with the attacks and insults from the Board. Enough is enough! The level of disrespect and contempt from the supervisors toward Senate leadership and Arizona voters is appalling.

Yesterday the Board of Supervisors ignored the subpoena deadline and failed to provide the routers used in the November election. They failed to provide passwords and security keys required to access tabulation devices. They failed to provide splunk logs and similar data.

I respectfully request the Attorney General investigate this clear violation of the law. Arizonans expect no less[.]

The Associated Press reported Borrelli’s complaint was filed “under Senate Bill 1487.”:

 The 5-year-old law allows any lawmaker to demand an investigation of “any ordinance, regulation, order or other official action” taken by a local government that may conflict with state law.

Brnovich has 30 days to review the complaint. If he finds a violation, the county could face a loss of funding if the problem is not rectified.

Fann and Borrelli were not the only Arizona Republican state legislators to take exception to the defiance of Maricopa County officials.

State Rep. Jake Hoffman (R-Queen Creek) said in a statement released on Tuesday:

The Maricopa County Board of Supervisors is engaged in one of the most divisive and dangerous subversions of government that the state of Arizona has ever witnessed. The Board’s blatant disregard for the Constitution and public mockery of the lawful oversight of elections by the Arizona legislature is not only disrespectful, it undermines the very fabric of our Republic.

“Through its obstructionism, lack of transparency, and outright trampling of the Constitution, the Board of Supervisors has effectively spit in the face of every voter in Maricopa County and this state,” Hoffman added.

As Breitbart News reported, “the Arizona State Senate recently sent a request for further information to Maricopa County that included the following”:

  • All reports, findings, and other documents concerning any breach of the voter registration server …

  • All ballot envelopes received in connection with the Nov. 3, 2020 general election, or digital images of the same.

  • All user names, passwords, pins and/or security keys or tokens required to access any and all ballot tabulation devices used in connection with the Nov. 3, 2020 general election in Maricopa County …

  • All Maricopa County registered voter records to date …

  • All routers used in connection with the Nov. 3, 2020 general election …

  • All splunk logs, network logs, net flows, or similar data related with systems associated in any way with the administration of the Nov. 3, 2020 general election for the time period beginning 60 days before the election and ending 90 days after the election.

Maricopa County’s letters on Monday make clear the county has no intention of providing any of this information.

The Arizona State Senate audit of the November 2020 Maricopa County election results has been controversial from its inception. The audit began on April 23. A final report is expected to be released later this month or early in September.

Arizona Attorney General Mark Brnovich, a Republican who has announced his candidacy for the Republican nomination for the Arizona U.S. Senate seat in the November 2022 election, has not yet responded to State Senate Majority Whip Borrelli’s request he conducts an investigation into the Maricopa County Board of Supervisors for their refusal to comply with the Arizona State Senate subpoenas.

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