Audit the Massachusetts State Legislature

Massachusetts AG representing lawmakers against DiZoglio in audit lawsuit: ‘Insanity’

Andrea Campbell Urges SJC To Toss Diana DiZoglio Lawsuit Seeking To Get Legislature To Comply With Audit

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Here lies the rub

Current Law and Legal Dispute: Under current Massachusetts law, the State Auditor does not have statutory authority to audit the legislature without its consent. In November 2023, Attorney General Andrea Joy Campbell issued a formal opinion stating that the existing audit statute does not extend to the legislative branch, based on the plain language of the law and historical precedent.

Question 1 and Voter Approval: In November 2024, voters approved Question 1, a ballot initiative that explicitly authorizes the State Auditor to audit the legislature, including its accounts, programs, and activities. This law added a new section to state law granting the auditor access to legislative records, though tax returns are excluded.

Ongoing Legal Conflict: Despite the voter-approved law, legislative leaders—House Speaker Ron Mariano and Senate President Karen Spilka—have refused to comply, arguing that such audits violate separation of powers under the state constitution. The State Auditor, Diana DiZoglio, filed a complaint with the Massachusetts Supreme Judicial Court in early 2025 to enforce the audit, but as of February 2026, the dispute remains unresolved and has escalated into a broader constitutional standoff.

Judicial and Constitutional Concerns: Legal experts, including former State Auditor Suzanne Bump and constitutional scholars, have raised concerns that the audit authority could politicize the auditor’s office or overstep constitutional boundaries. Additionally, two state courts have recently refused audit requests from DiZoglio, citing the Attorney General’s opinion and constitutional questions.

In summary, while no law currently authorizes unilateral audits of the legislature, the voter-approved Question 1 seeks to change that, but its enforcement is blocked by constitutional challenges and non-compliance from legislative leadership.