Arizona Appeals Court Denies Stay of Audit Records Lawsuit, Grants Limited Stay of Document Release Order

On Wednesday, the Arizona Court of Appeals denied the state Senate’s latest attempt to halt American Oversight’s lawsuit for records related to the sham “audit” of Maricopa County’s 2020 election results.

The court granted a limited stay in the Maricopa County Superior Court’s Aug. 2 order for the Senate to begin “immediately” releasing records, but set an expedited deadline for oral arguments for next Wednesday, Aug. 18.

While the limited stay is another delay in much-needed transparency over the so-called audit, the expedited deadline is an important acknowledgment that the case centers on a matter of enormous public interest. 

“By allowing the Superior Court to continue proceedings and expediting oral argument in the Court of Appeals, the Arizona judiciary affirmed the urgency of this case,” said American Oversight Executive Director Austin Evers. “We will continue to pursue the public’s right to information related to this fraudulent audit.”

Background:

• In May, American Oversight sued the Arizona Senate for records related to the Senate’s “audit” of Maricopa County ballots.
• Last week, a judge ruled that the Senate must immediately turn over those records including those in the possession of the Senate’s contractor, Cyber Ninjas.
• The Arizona Senate refused to release the documents and asked the Maricopa County Superior Court to put the case — and their obligation to comply with the court order — on hold while they filed an emergency appeal. The Superior Court denied that request.
• The Arizona Senate turned to the Court of Appeals, asking that court for an emergency stay of the entire case. 
• In Wednesday’s hearing, the appeals court granted only a limited stay of the trial court’s order allowing it to maintain jurisdiction while the appeals court considers whether the Senate can rightfully withhold documents within Cyber Ninja’s custody from public release.