The Arizona Senate is ordering the Maricopa County Board of Supervisors to turn over its ballot-counting machines, software, security logs, administrative passwords and all of the 2,089,563 ballots cast in the November election so lawmakers can conduct their own forensic audit.
The county, which was given until the end of business Friday to comply, did not immediately respond to a request for comment. Fields Moseley, a Maricopa County spokesman, said the Board of Supervisors will convene on Wednesday to receive legal advice on the subpoenas.
It is unclear if legislative committee chairs have the power to compel another governmental entity to perform an action through a legislative subpoena. State law allows legislative committees to issue subpoena for witness testimony and related documents, though it seemingly is limited to individual witnesses whose “attendance … is desired” before a legislative committee.
And subpoenas must include certain things to be considered “sufficient” under the law, including being addressed to the witness and requiring attendance “at a certain time and place.” The subpoenas issued by Senate Judiciary Committee Chairman Eddie Farnsworth and Senate President Karen Fann are addressed to the board of supervisors and do not require attendance at either a time or place. Instead, the subpoenas demand that the materials requested be turned over “for inspection, testing or sampling” at a later date. Via – Arizona Mirror