Arizona Appeals Court Rejects State Senate’s Broad Use of Legislative Privilege to Withhold ‘Audit’ Records

The Arizona Court of Appeals ruled on Friday that the state Senate must immediately produce more than 1,000 documents related to the Senate’s “audit” of Maricopa County ballots that don’t fall under a narrowly defined framework of legislative privilege.

The Senate had contended that legislative privilege allowed broad categories of “audit”-related records to be withheld. 

The court rejected the Senate’s broad application of the privilege, and has required the Senate to instead provide explanations for why each individual record should be withheld. Any records in dispute are to be reviewed by Maricopa County Superior Court Judge Michael Kemp, who will determine if the records must be produced.

Separately, Cyber Ninjas and its CEO Doug Logan were ordered by the Superior Court to answer American Oversight’s questions under oath about their failure to turn over records. The court warned that if Logan fails to appear at his scheduled Jan. 27 deposition, he could face a civil arrest warrant.

Friday’s ruling is available here.