On August 6, Arizona Attorney General Mark Brnovich began an investigation into Maricopa County’s noncompliance with legislative subpoenas.
The Arizona Senate has subpoenaed the County multiple times with ongoing noncompliance. The materials requested are necessary to finish the full forensic audit of Maricopa County’s 2020 election.
Arizona State Senator Sonny Borrelli requested AG Brnovich to investigate the County’s noncompliance with the legal and enforceable subpoenas.
In a notice to Maricopa County, the Attorney General’s office requested a written response by Friday, August 20.
Maricopa County responded yesterday, claiming innocence and asking the Attorney General to take no further action.
VIA FIRST-CLASS MAIL AND E-MAIL
Re: Response to Legislator Request for Investigation
Dear Deputy Solicitor General Catlett:
On behalf of the Maricopa County Board of Supervisors (“MCBOS”), we respond to your letter dated August 6, 2021 regarding Senator Sonny Borrelli’s Request for Investigation (the “Request”) as to MCBOS’ alleged “failure to comply with valid and enforceable legislative subpoenas that originated from the AZ State Senate.” [Request, Exhibit A]. Specifically, Senator Borrelli claims that MCBOS is acting in conflict with A.R.S. §§ 41-1151, 1153-54 and 16-624 [see Ex. 1 at 1] by failing to produce certain documents and electronic materials requested in a legislative subpoena issued on July 26, 2021 (the “Subpoena”). [Ex. A at Attachment; see also Subpoena, Exhibit B].
The allegations in the Request are without merit. The Senate’s authority to enforce the Subpoena through its statutory contempt powers expired on June 30, 2021 with the adjournment of the legislative session. Accordingly, any action taken by MCBOS in relation to the Subpoena did not “violate state law or the Constitution of Arizona,” and we respectfully ask that your Office “take no further action” regarding the Request. A.R.S. § 41-194.01(A), (B)(3).1 …