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Diana DiZoglio hires law firm to sue legislature over voter-approved audit

BOSTON — Massachusetts State Auditor Diana DiZoglio has retained a Boston law firm to file a lawsuit against the state legislature, alleging lawmakers have refused to comply with a 2024 ballot measure granting her office authority to audit legislative operations.

The measure, known as Question 1, was approved by nearly 72% of voters last November, according to election results reported by the Massachusetts Secretary of the Commonwealth’s office. It authorizes the auditor to examine the legislature’s budgets, contracts, and staffing practices — oversight powers legislative leaders have long resisted.

House Speaker Ron Mariano and Senate President Karen Spilka have argued the measure is unconstitutional, citing the separation of powers provisions in the Massachusetts Constitution. They contend that allowing an executive branch official to audit the legislature would undermine the independence of the legislative branch.

Attorney General Andrea Campbell, whose office represents state officials in litigation, has declined to bring the case on DiZoglio’s behalf. In a statement reported by The Boston Globe, Campbell’s office said, “State law is clear. Any lawful litigation brought by state officials or state entities must be authorized by the Attorney General’s Office. Any unauthorized litigation by the auditor will be dismissed immediately.”

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Massachusetts State Auditor Diana DiZoglio stands outside her State House office in Boston. Photo credit: Diana DiZoglio via Twitter/X

In a statement posted to the social media platform X, DiZoglio accused the attorney general of working against the will of voters. “We have a right to an attorney and have secured a law firm to sue the legislature since AG Campbell is opposed to the audit,” DiZoglio wrote.

According to reporting by The Boston Globe, DiZoglio has hired Donnelly, Conroy & Gelhaar LLP, a Boston-based law firm. Funding for the legal effort is being provided by Michael Minogue, a Republican donor and potential gubernatorial candidate, as confirmed by the firm and Minogue to the newspaper.

DiZoglio, a former state representative and senator, has framed the dispute as a fight for transparency and accountability on Beacon Hill. In an interview with Boston.com, she likened the legislature’s refusal to comply with the audit to “the behavior of an authoritarian regime” and argued that the lawsuit is necessary to uphold the will of the voters.

The lawsuit, if filed, is expected to raise significant constitutional questions, including whether a voter-approved statute can expand the powers of an executive branch office in ways that affect a co-equal branch of government. Legal scholars cited by Axios Boston have noted that the Massachusetts Supreme Judicial Court may ultimately have to decide the case.

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