DiZoglio says she will pursue litigation in her push to audit the Legislature

State Auditor Diana DiZoglio is upping the ante in her push to audit the Massachusetts Legislature, announcing Wednesday that she plans to pursue litigation against the House and Senate, where lawmakers have stonewalled her. 

DiZoglio’s announcement marks the latest in a stalemate that’s been heating up since March, when her office launched an audit and top lawmakers promptly refused to comply.

House Speaker Ron Mariano previously told DiZoglio that an audit of the Legislature “exceeds your legal authority and is unconstitutional,” while Senate President Karen Spilka asserted that the auditor’s authority doesn’t extend to the Legislature. 

DiZoglio fired back in a news conference at the State House on Wednesday.

“These arguments against transparency and accountability are nothing short of ridiculous,” she said, according to WCVB footage of her remarks. “We have two legislators — who were elected by a very small fraction of the state — twisting and weaponizing both Massachusetts General Law and the Constitution.”

She was flanked by reports of past audits of the Legislature, dating as far back as 1850, according to WCVB.

DiZoglio also sent a memo to Attorney General Andrea Campbell asking the AG to support her effort, which she said is “backed not only by the Constitution and laws of the Commonwealth, but also the will of Massachusetts voters.”

The attorney general’s office represents state agencies in lawsuits, and State House News Service reported that state law prohibits the auditor’s office from initiating a lawsuit on its own, requiring authorization from the attorney general.

In a statement provided to Boston.com, a Spilka spokesperson reiterated the stance that DiZoglio’s office “lacks the statutory and constitutional authority” for the audit, and that the separation of powers clause enables the Senate to handle its own business and set its own rules. 

“Those rules require that the Senate undergoes an audit every fiscal year by a certified public accounting firm experienced in auditing governmental entities and provide that audit to the public,” the spokesperson said. “Further, Senate business is made public through journals, calendars and recordings of each session, while payroll and other financial information is publicly available on the Comptroller’s website. If anyone wishes to view this information, it is available to the public.”

Boston.com has reached out to Mariano’s office for comment. 

Despite the obstacles, DiZoglio doubled down on her push for transparency Wednesday.

“As a former self-employed house cleaner, I learned that sunlight is the best disinfectant,” DiZoglio said, per WCVB footage. “And it is beyond past time that Beacon Hill’s dirty windows get opened and cleaned to let that sunlight in.”

Abby Patkin

Staff Writer

Abby Patkin is a general assignment news reporter whose work touches on public transit, crime, health, and everything in between.

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