The Battle for Transparency

The Battle for Transparency: Arizona's Latest Open Records Law Sparks Debate

This week, Arizona Republicans passed a law exempting legislators from the state's open-records law, which allows for transparency and access to government documents. This move follows the release of thousands of documents in recent months that revealed efforts to challenge the validity of Joe Biden's victory in the 2020 presidential election in Arizona. These documents include details about a partisan investigation led by the Cyber Ninjas and emails from Virginia “Ginni” Thomas, the wife of Supreme Court Justice Clarence Thomas, encouraging lawmakers to overturn President Donald Trump's loss in the state.

The recent changes in rules will significantly restrict the public's access to communications of lawmakers. State senators will not be required to reveal any text messages sent on personal devices, even if they pertain to state matters. Additionally, lawmakers in both the Senate and the House will be allowed to destroy emails and other documents after 90 days, which is often before the public has a chance to request them. David Bodney, a lawyer who has represented the Arizona Republic in open-records litigation related to the 2020 election review, has criticized the move, stating that "I think it is petty, vindictive and contrary to the plain interests of transparency and government accountability in Arizona."

Normally, officials in Arizona are required to keep most public records indefinitely and make them available upon request. However, taking advantage of a recent ruling by the state Supreme Court, lawmakers passed rules this week that establish limited circumstances under which they must make documents available to the public. Capitol Media Services was the first to report on these rule changes. The Arizona Supreme Court recently ruled that it does not have the authority to enforce the state's open-meetings law as it pertains to legislators. This ruling paved the way for the Republican-led legislature to establish its own policies for transparency, which it has done swiftly.

American Oversight, a liberal organization, used Arizona's open-records law to reveal the methods used by Republicans during the 2020 election review, which was led by the secretive group Cyber Ninjas. The executive director of American Oversight, Heather Sawyer, stated that without these records, the public would not have known as much about the review. Sawyer also criticized the recent rule change, saying "It does seem like they’re just trying to find a way to be able to operate in the dark, which is incredibly anti-democratic. It’s anti-American, quite frankly." She added that the rule change benefits all lawmakers at the expense of all voters in Arizona, regardless of their political affiliation, and prevents Arizonans from finding out what legislators are doing behind the scenes.

"This is one of the things that separates us from autocratic countries, that we require our public officials to be accountable to the people they serve," Sawyer said. Brendan Fischer, the deputy executive director of the group Documented, argued that the rules will further conceal the activities of far-right national groups that aim to influence the legislature. Unlike members of Congress who have long been exempt from the federal Freedom of Information Act, many state lawmakers are subject to records laws, allowing the public to better assess their work.

The rules regarding public access to lawmakers' records vary by state, with some states making records easily accessible and others making them difficult to obtain. Some states provide exemptions for legislators that are not available for other officials. For example, in Wisconsin, legislators are not required to retain their records, allowing them to delete any sensitive emails or text messages before they can be requested by the public. The recent rule change in Arizona will limit the public's access to legislators' correspondence under a law that was established in 1901 with the purpose of increasing transparency and accountability in how elected officials and government workers operate.

The law allows for constituents, reporters, lawyers, and other parties to request paper documents, emails, text messages, video and audio recordings, government reports, and communications related to publicly funded activities, regardless of the device they were created on. The public generally has the right to view or obtain these records, although they may be required to pay for them. This move follows a trend where Republican lawmakers, who hold a one-vote majority in each chamber, have been fielding requests for records from state legislators and Capitol aides regarding efforts to overturn or question the results of the 2020 election.

The recent move by Arizona Republicans to shield legislators from the state's open-records law aims to limit the public release of lawmakers' communications. Under the new rules, state senators will not have to disclose any text messages sent on personal devices, even when dealing with state business. For legislators in both the Senate and the House, emails and other documents will be destroyed after 90 days, making it difficult for members of the public to access them. Critics argue that this move undermines transparency and government accountability, as it allows legislators to operate in secrecy and avoid public scrutiny.

The Arizona legislature has adopted new rules that limit the standards for when public records must be released, following a recent state Supreme Court ruling. The move was criticized by liberal group American Oversight, which used Arizona’s records law to uncover the way Republicans conducted the 2020 election review, which was overseen by Cyber Ninjas, a secretive group that had never before analyzed an election. Heather Sawyer, American Oversight’s executive director, stated that the rule change benefits all lawmakers at the expense of ordinary voters of all political stripes, and that it is anti-democratic. The new rules were drafted without input from the Senate Democrats, who represent nearly half of the legislature.

The recent rule change in Arizona will make it more difficult for the public to access lawmakers' correspondence and records under a law that was established in 1901 to increase transparency and understanding of how elected officials and government workers operate. Critics argue that the move is an attempt to obscure the roles of far-right national groups that seek to influence the legislature, and to prevent the public from fully understanding the actions of lawmakers. The rules will also make it more difficult for legislators to bring issues to the floor, limit floor debate over legislation, and allow GOP leaders to take legal action over “any injury” to the legislature’s powers or duties, without consultation with other members. Some see this as a move by Republicans to shut down opposition and limit transparency.