Court reluctant to enforce Senate subpoenas for election materials

Jack Sellers, left, chairman of the Maricopa County Board of Supervisors, and Deputy County Attorney Tom Liddy show up at the Senate Wednesday morning after getting less than 24 hours to respond to a new subpoena which Liddy is holding demanding a trove of documents and access to voting equipment. /Capitol Media Services photo by Howard Fischer

By: Howard Fischer | Capitol Media Services 

Maricopa County Superior Court Judge Timothy Thomason said Wednesday it appears the original subpoenas issued by Senate President Karen Fann and then-Sen. Eddie Farnsworth, R-Gilbert, are probably moot. That’s because they were issued in December as part of the 54th legislative session, which technically ceased to exist on January 11.

In fact, Farnsworth is no longer a state senator.

But Thomason noted Fann and Sen. Warren Petersen, who succeeded Farnsworth as chair of the Judiciary Committee in the new 55th legislative session, issued a new subpoena on January 12 demanding not just the same documents but even more, including access to “all original paper ballots.” And the subpoena wants access to the county’s voting equipment and software.

Jack Sellers, the new chairman of the Maricopa County Board of Supervisors, did show up at 9 a.m. January 13, at the Senate, as the new subpoena ordered. So did newly elected County Recorder Stephen Richer and new County Treasurer John Allen.

But they brought none of the materials with them. 

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