The Maricopa County Board of Supervisors refused to comply with Senate Republicans’ latest demand for access to voting machines, software and the more than 2 million ballots cast in the 2020 general election.
The Arizona Mirror first reported that Senate attorneys demanded the county board inform lawmakers, by noon Tuesday, of a set time when the board would turn over the subpoenaed equipment and voting records.
Maricopa County has turned over some publicly available records to Senate Republicans, which first issued a subpoena in December.
But the board of supervisors have drawn a line in the sand over access to voting equipment and ballots — attorneys for the board advised supervisors that turning over ballots would violate state law.
The supervisors’ decision comes as the county begins its own audit of the general election, a procedure approved by the board last week. The county retained two firms certified by the U.S. Election Assistance Commission to review the equipment and software used to count votes in 2020 to ensure neither was compromised and that votes were properly tallied.
The first firm began its forensic audit Tuesday morning. The second firm will conduct a similar review next week.
Senators have dismissed the county’s audit, saying it doesn’t satisfy all their questions — though some Republican demands will be addressed, including questions about equipment potentially having been compromised by malicious software, or whether the equipment was connected to the internet at any time.
Senate President Karen Fann (R-Prescott) did not immediately respond to a request for comment.
But Sen. Warren Petersen, a Mesa Republican who helped issue the subpoena, previously told KJZZ that the Senate would consider voting to hold the supervisors in contempt and push to prosecute the board for refusing to comply.
The Arizona Senate is drafting a resolution of contempt against the Maricopa County Board of Supervisors for failing to comply with the Senate's subpoena.
— Warren Petersen (@votewarren) February 2, 2021
At the very least, the board’s latest action is likely to send the issue back to court.
Supervisors filed a lawsuit challenging the subpoena, alleging its demands are unlawful.
