Judge asked to force county to obey subpoena on Arizona vote
Columbia Basin Herald | UPDATED 4 years AGO
PHOENIX (AP) — A judge in Phoenix is deciding whether to order the Maricopa County Board of Supervisors to comply with a sweeping subpoena issued by Republicans in the state Senate demanding access to voting machines, copies of all mail ballots and other materials from the election that saw President-elect Joe Biden win Arizona's 11 electoral votes.
Superior Court Judge Randall Warner heard arguments Wednesday from lawyers for the Senate and the Board of Supervisors, which is also controlled by Republicans, but did not immediately issue a ruling.
Sen. Eddie Farnsworth, chairman of the Judiciary Committee, and Senate President Karen Fann issued the wide-ranging subpoena last week. The supervisors voted 4-1 to fight it and filed a lawsuit asking for a judge to decide whether they must comply, saying lawmakers are illegally seeking access to private voting information.
The lawmakers then filed their own emergency lawsuit asking Warner to force the county to comply.
“They are allowed to investigate and see what the facts are and make a decision, just like a grand jury,” said Kory Langhofer, a lawyer for Fann and Farnsworth.
The dispute is another chapter in efforts by President Donald Trump and his supporters to cast doubt on the legitimacy of the election in Arizona and several other states he lost. The GOP lawmakers say they want the county to turn over voting machines and records so the Legislature can audit Maricopa County’s handling of the election.
No evidence of widespread voter or election fraud has emerged in Arizona, which has seen eight lawsuits challenging the results of the state's presidential vote fail. Claims of sweeping voting irregularities made by Trump backers in Arizona and several other battleground states have mainly been rejected.
Stephen Tully, a former Republican lawmaker representing the Board of Supervisors, said the lawmakers aren't entitled to the court order they seek, known as a writ of mandamus, nor are they entitled to send an unknown auditor to tinker with voting machines.
“What they’re trying to do is unconstitutional. It's illegal,” Tully said.