Senate passes subpoena bill as litigation continues in election audit dispute

Photo by Jim Small / Arizona Mirror

By Jeremy Duda | Arizona Mirror

If a judge rules that the law doesn’t give the legislature the authority to subpoena ballots and tabulation machines from Maricopa County so it can conduct an audit into debunked conspiracy theories that the 2020 election was rigged, the Senate took a big step Thursday to grant that power to itself.

On a party-line 16-14 vote, the Senate passed Senate Bill 1408. The proposal, sponsored by Sen. Warren Petersen, R-Gilbert, would give the legislature the express authority to subpoena ballots, election equipment and information from counties, and explicitly states that the legislature has the authority to investigate any matter — and to ignore all other laws in the process.

Petersen introduced the legislation amid a battle between Republican Senate leaders and Maricopa County over the attempt by GOP senators to audit the 2020 general election. 

Senate President Karen Fann and Petersen, who chairs the Judiciary Committee, have issued subpoenas to Maricopa County demanding that it turn over 2.1 million ballots, ballot tabulation machines and other materials and data from the November election. Those subpoenas came as some Republican senators demanded an audit in response to baseless allegations and discredited conspiracy theories spread by former President Donald Trump and many of his supporters. 

Fann also sought to hire a discredited company that had spread election-related conspiracy theories and disinformation to conduct the audit.

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