MA Auditor Sues State Lawmakers
Massachusetts State Auditor Diana DiZoglio is suing top state lawmakers in an attempt to force compliance with a legislative audit. The lawsuit alleges a lack of access to necessary information and documents, highlighting a growing conflict over transparency and oversight on Beacon Hill.
The lawsuit is the culmination of a conflict that began in 2023 when Auditor Diana DiZoglio, a former state legislator, first attempted to audit the legislative branch. Legislative leaders, including House Speaker Ronald Mariano and Senate President Karen Spilka, rejected the effort, arguing it would violate the constitutional separation of powers. This initial refusal prompted DiZoglio to take the issue directly to the public. In November 2024, Massachusetts voters overwhelmingly approved Ballot Question 1, with 72% in favor, explicitly granting the State Auditor the authority to audit the Legislature. Despite this clear mandate from voters, lawmakers have continued to resist, refusing to turn over any requested documents and maintaining that an audit by an executive branch official is unconstitutional. Following the new law, on January 3, 2025, DiZoglio formally notified the House and Senate of a performance audit and three days later requested specific records. The requested documents include budgets, balance forward transactions, and records of settlement agreements for the fiscal years 2021 through 2024. Lawmakers did not provide the documents. The legal battle also involves Attorney General Andrea Campbell, who has declined to represent the Auditor's office in the lawsuit. Instead, Campbell's office is representing the legislative leaders, arguing that the Auditor cannot file the lawsuit without her office's approval and that DiZoglio has not sufficiently answered questions about how the audit would respect legislative privileges. DiZoglio's lawsuit, filed in the Supreme Judicial Court, names Speaker Mariano and Senate President Spilka as defendants. It seeks a court order to compel compliance with the voter-approved law and allow the audit to proceed. The Auditor's office argues it is seeking basic financial records and contracts, not interfering with core legislative functions. This standoff occurs in a state often criticized for its lack of government transparency. The Massachusetts legislature exempts itself from public records and open meeting laws, a fact that supporters of the audit, like the Massachusetts Fiscal Alliance, argue makes independent oversight all the more critical.
