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Saturday, November 2, 2024

Judge rules Arizona legislature can issue subpoenas for election materials

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Judge Timothy Thomason | Facebook

Judge Timothy Thomason | Facebook

In the Maricopa County et al versus Karen Fann case, Superior Court Judge Timothy Thomason granted a declaratory ruling that 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 Maricopa County Board of Supervisors has been given a subpoena requiring them to turn over various documents and electronic materials relating to the November 2020 election, such as tabulation machines and ballots.

The materials were requested by Arizona Senate President Karen Fann and Chairman of the Arizona Senate Judiciary Committee Eddie Farnsworth.

“Accordingly, the Senators have the power to subpoena material as part of an inquiry into election reform measures,” the ruling stated. “As such, the Subpoenas have a proper legislative purpose. The Subpoenas also do not violate separation of powers principles. Production of the subpoenaed materials would not violate confidentiality laws.”

Fann and Famsworth requested the materials to conduct audit election results amid allegations of of fraud and conspiracy.

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