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ARTICLE · 06 OCTOBER 2023

Statutory Limitations On Public Records Requests: Lessons From Audit-USA v. Maricopa County

Dickinson Wright PLLC
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In February 2023, the Arizona Court of Appeals issued an opinion in Audit-USA v. Maricopa County, 525 P.3d 279 (Ariz. App. 2023) [CA-CV 22-0254], addressing the fundamentals...

United StatesLitigation, Mediation & Arbitration
Cameron C. Stanley
Cameron C. Stanley
Scott Holcomb
Scott Holcomb
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In February 2023, the Arizona Court of Appeals issued an opinion in Audit-USA v. Maricopa County, 525 P.3d 279 (Ariz. App. 2023) [CA-CV 22-0254], addressing the fundamentals of Arizona's public records laws.

Background

In February 2021, Audit-USA made a public records request to the Maricopa County Board of Supervisors for digital images and associated data of ballots cast in the November 2020 election. Maricopa County did not respond to the request, so Audit-USA filed suit under A.R.S. § 39-121.02, which governs recourse when a public body denies access to public records.

Maricopa County provided Audit-USA with a copy of some of the requested data, but withheld the digital images of the cast ballots. Maricopa County subsequently filed a motion to dismiss on the grounds that A.R.S. § 16-625 expressly prohibits the circulation of digital images of ballots.

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