Grand Canyon Times

The Arizona Supreme Court has ruled unanimously that the state Senate can keep secret emails and other audit records related to the review of the 2020 election, due to having legislative “privilege” and exemption from disclosure under state public records law, as the audit could lead to new election laws, the Associated Press reports.

The ruling was written by Justice John Lopez.  

“Consequently, the Senate’s internal communications concerning the authorization, planning and findings of the audit investigation are privileged,” Lopez ruled.

“It’s a win for the Senate on every issue unanimously,” Kory Langhofer, the state Senate’s lawyer, said in the AP report. “It couldn’t be a better ruling.”                        

Republican state Senate President Karen Fann also praised the ruling.

“We absolutely believe in transparency, however, there are times when legislative privilege should be exercised so that we can do the jobs that the people of Arizona elected us to carry out,” Fann said.

American Oversight Executive Director Heather Sawyer criticized the decision.

“While legislative privilege should protect legitimate functions of the legislature, extending the privilege to activities that the Court recognized as uniquely politicized is misguided,” Sawyer said.  “This ruling makes it easier for officials to hide the truth about their motives and conduct from the public.”                 

“Arizona legislators routinely stand for election and, thus, are accountable to the state’s electorate who serve as the ultimate arbiters of the wisdom of any legislative action, rather than the courts,” Lopez wrote in his ruling.