Motion to Continue Family Court Maricopa County Superior
Mon'southward vote by the state senate resulted in the rejection of a resolution which would have held Maricopa County's Board of Supervisors (BOS) in antipathy for ignoring legislative subpoenas, only many participants saw the outcome equally a weakening of the Arizona Legislature's long-term ability to ensure state laws are administered properly.
All 30 senators took office in the floor session Monday afternoon to vote on Senate Resolution 1005, which would take immune Senate President Karen Fann to have Maricopa County'due south five supervisors arrested for thumbing their nose at two legislative subpoenas related to the 2020 Full general Election.
Republicans outnumber Democrats in the Senate by 16 to 14. With the contempt resolution needing but a simple majority to pass, all that was needed was for the Republicans to all vote together.
Az Country Senator Paul Boyer is the only Republican voting to non hold the Maricopa BOS in antipathy for violating legal subpoenas. He and Dems are telling all political subdivisions of the land that the legislature is irrelevant and audits don't affair.
— Eddie Farnsworth (@FarnsworthEddie) February 8, 2021
That didn't happen. Instead, the resolution died on a 15 to 15 vote when Sen. Paul Boyer (R-LD20) voted no, and non i Democrat crossed the aisle.
But many observers say the backwash of Monday's issue will get far beyond an embarrassing loss for Fann and the Republican caucus. They say the long-term casualty of the vote is to the ability of the Senate itself, with some using phrases like hari-kari, legislative neutering, abdication of responsibility, and surrender of power.
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"What is asinine is the canton is clearly in antipathy," Senate Judiciary Committee Chairman Warren Petersen told Arizona Daily Independent. "To vote 'no' on contempt is to deny the truth."
During the floor session, Petersen reviewed the timeline surrounding two current legislative subpoenas and two expired subpoenas which Fann and the judiciary chairman issued to the Maricopa County lath in December and January.
Canton officials announced last month that two companies would be contracted at county expense to carry separate audits of the Dominion Voting System tabulation machines used in the general election. Those audits would not involve the county's protocols for voter registration or early on balloting, areas which many voters believe could have been susceptible to fraud, or at the very least a disregard of Arizona'southward election laws.
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Petersen chosen the county's audits "a joke" which would not find any irregularities because "they're non meant to find fraud." He added that the planned Senate audit was near looking for "shortcomings and vulnerabilities" in the ballot process, not trying to change past results.
"We need to be able to collect facts – to know what laws need to be fixed," Petersen said.
Boyer's vote obviously caught his 15 Republican colleagues off-baby-sit, as just terminal week he had joined his others in signing on to sponsor the contempt resolution. He explained prior to his vote that he believed the parties "nonetheless have time to piece of work on this" and therefore the antipathy resolution was hasty, even though he agrees a legislative subpoena tin can be an constructive tool.
"This is not a final determination, nor is it the end of the process," Boyer said. He added that "measured restraint is a virtue" and advocating for "prayerful patience and a civil resolution."
Boyer'south comments elicited several passionate rebukes on the senate floor, with several senators arguing the contempt consequence was bigger than whether a total-calibration audit is conducted.
"Nosotros're the Arizona Senate," one senator appealed, in a vox which sounded dislocated by how the vote was proceeding. Some other, Senate Bulk Whip Sonny Borrelli, argued that the entire legitimacy of the legislature was at stake.
"A political subdivision is challenging your direct authority," Borrelli said, calling information technology a "dereliction of duty" past his colleagues. "You're surrendering your authority!"
Comments past Senate Majority Leader Rick Greyness appeared to exist directed to Boyer or just one Democrat for the much needed 16th vote. He called the canton's disregard of the senate'due south subpoenas "egregious" only insisted the desired audit was nigh wanting voters "to take certainty" with how election laws were administered in Maricopa County and not about overturning any results.
In the terminate, not fifty-fifty a private chat betwixt Fann and Boyer before the end of voting could not save the resolution in order to preserve the senate'due south unrestricted subpoena authority.
Next up is a Tuesday morn hearing at the Maricopa Canton Superior Court on a request by the BOS for an injunction preventing the Senate from enforcing the subpoenas. And while Judge Timothy Thomason has previously indicated the Senate appears to have "explicit contempt authority" under the Arizona Constitution, he is non certain the judiciary is the proper forum to resolve the dispute.
The reason, Thomason noted, is that the Senate is granted ability to enforce its own subpoenas. The problem of course is that the enforcement mechanism is a contempt resolution -and abort- of any witness who does non comply with the subpoenas.
Which leaves the question of whether Fann and Petersen volition simply quash the ii outstanding subpoenas now that they have no way to force the Maricopa County lath to comply.
A Resolution to censure AZ Country Senator Paul Boyer in Legislative District twenty Republican Committee of AZGOP was Unanimously passed tonight. Introduced by Christian Lamar, Registered Republican Voter in LD20 of Maricopa Canton. I thank the great people of LD20 for swift action!
— Christian Lamar (@christianllamar) February nine, 2021
Source: https://arizonadailyindependent.com/2021/02/08/senate-commits-hari-kari-in-effort-to-block-maricopa-county-election-audit/
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