Arizona AG urges judge to uphold Legislature's election subpoenas to Maricopa County

Arizona's top law enforcement official is urging a court to uphold the state Legislature's subpoenas demanding Nov. 3 election records from Maricopa County.

Attorney General Mark Brnovich filed a friend-of-the-court brief with Maricopa County Judge Timothy Thomason on New Year's Eve supporting two state senators trying to enforce their subpoenas to the Maricopa County Board of Supervisors.

"The Arizona Legislature has broad authority to investigate the County’s administration of the 2020 general election to determine whether Arizona law regarding election administration should remain the same or be changed," Brnovich argued. "In resolving this matter, the Court should (1) recognize the Arizona Legislature’s broad authority to issue legislative subpoenas, (2) exercise deferential review of the subpoenas at issue, (3) hold that the presiding officer of either house or the chairman of any committee have the authority to issue subpoenas reviewing the County’s administration of elections, and (4) reject any effort by the County to interpose separation of powers concerns."

State Senate President Karen Fann and Senate Judiciary Committee Chairman Eddie Farnsworth issued subpoenas on Dec. 15, demanding Maricopa County surrender records, documents, and software related to the election including voter registration records, ballots, tabulator machines, and memory cards.

Maricopa County has been arguing the subpoenas are too broad and intrusive and trample on local officials' responsibility to administer elections.