Judge Orders AZ Senate To Produce Maricopa Audit Records

An Arizona Judge, ordered the State’s Republican-led Senate, to produce Records related to its Private Audit of the 2020 Election in Maricopa County, Delivering a big Win for Critics of the Controversial Review.

The Documents, sought by Left-Leaning Watchdog Group, American Oversight, are subject to Arizona’s Public Records Statute and Must be provided to the Organization “immediately,” Maricopa County Superior Court, Judge Michael Kemp, ruled Monday.

American Oversight Sued State Senate President, Karen Fann (R), in May, listing State Senate Judiciary Committee Chairman, Warren Petersen (R) and the State Senate itself, as Additional Defendants, and invoked the Arizona Public Records Law, in Search of Access to Communications and other Records between the Senate and its Lead Audit Contractor, Cyber Ninjas.

The Senate’s Attorneys argued in a Subsequent Motion to Dismiss the Suit that such Documents, which included Information about Donors who have Funded the Audit, are Not subject to Public Disclosure Rules, because they are in the Possession of Cyber Ninjas, a Private Company, and other Subcontractors.

Kemp Denied the Senate’s Motion to Dismiss the lawsuit, on July 14th. “Nothing in the statute absolves Senate defendants' responsibilities to keep and maintain records for authorities supported by public monies by merely retaining a third-party contractor who in turns hires subvendors,” Kemp wrote.

In his Monday Ruling, Kemp said that to Accept the Defendants’ Argument that the Records are Exempt under the Law’s Immunity Clause would render the Statute Meaningless. “Defendant Fann has the authority, and the statutory obligation, under the [Public Records Law], to compel [Cyber Ninjas] and its subvendors to produce all internal emails and correspondence outlined in the proposed order,” Kemp wrote.

Kemp added a Rejection of the Defendants’ Defense that they hadn’t seen the Records in Question themselves. “Willful blindness does not relieve Senate Defendants from their duties and obligations under the [Public Records Law],” he wrote.

American Oversight is Not the Lone body to take Senate Officials to Court over Audit Records.

The Arizona Republic, a Phoenix-based Newspaper, Sued the Body and Cyber Ninjas, on June 30th, in demand of Access to Financial and other Audit Records.

Attorneys for the Paper similarly Invoked the Arizona Public Records Law.

Cyber Ninjas separately Released a Donor List on July 28th, which Revealed that it received, Millions of Dollars in Donations, from Conservative-Leaning Groups to Fund the Audit.

However, the List did Not reveal Details about Who gave Individual Contributions and how much Money per Donation.

That List was made Public Two weeks after Leading Democrats on, the U.S. House of Representatives’s Oversight Committee, Requested Documents from Cyber Ninjas and announced an Investigation into the Company, accusing it of Mismanaging the Audit.










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