Arizona Attorney General Mark Brnovich, a Republican, is backing GOP state lawmakers in asking a judge to approve subpoenas that would give them access to voting machines in Maricopa County.
Brnovich filed an amicus curiae brief supporting Arizona Republicans’ case after a Maricopa County Superior Court judge dismissed the Arizona state Senate’s request to review voting machines and election records as part of a GOP-led audit of the county’s election results.
Judge Randall Warner said in his ruling that the state Republicans did not follow proper procedure when they issued the subpoenas, but gave them the opportunity to refile the case.
Maricopa County officials have refused to work with the state legislature, arguing that state lawmakers do not have the power to issue subpoenas.
Brnovich, however, argued that “the legislative power to issue subpoenas is inherent in the power to legislate,” and asked Warner to reconsider his ruling.
“The legislative subpoena power is ‘broad’ and ‘encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes,’” he wrote in the amicus brief.
Our filing today in the subpoena dispute between the Maricopa County Board of Supervisors and the legislature details why the Arizona Legislature has constitutional authority to investigate the County’s administration of elections.
— Mark Brnovich (@GeneralBrnovich) December 30, 2020
Maricopa County Board of Supervisors Chairman Clint Hickman responded to Brnovich’s brief and acknowledged that the state Senate does have the right to issue subpoenas when deciding election law, but not when attempting to “throw out” the results of the presidential election.
President Donald Trump seemed encouraged by the development:
JANUARY SIXTH, SEE YOU IN DC!
— Donald J. Trump (@realDonaldTrump) December 30, 2020