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Wayland selectman and Republican lieutenant governor candidate Anne Brensley has sued House Speaker Ron Mariano (D-Quincy) and Senate President Karen Spilka (D-Ashland) for refusing to comply with a voter-approved audit of the Massachusetts Legislature. She filed the case in Middlesex Superior Court, asking a judge to order Beacon Hill to hand over records within 30 days so State Auditor Diana DiZoglio can conduct the review. Brensley’s complaint seeks a declaratory judgment and a writ of mandamus. She wants the court to say House Rule 85A does not satisfy state law and to confirm that the auditor is authorized to audit the Legislature. House Rule 85A directs the Massachusetts House of Representatives to hire a private accounting firm each year to review its finances. It was written to look like an audit but keeps control in lawmakers’ hands and covers only the House, not the state Senate. Brensley’s lawsuit argues the rule establishes a watered-down substitute for the independent statewide audit voters approved. House Rule 85A does not allow auditors to examine how legislative committees operate, how taxpayer funds are allocated within the House, or how leadership decisions are made — it only reviews financial statements, leaving most of Beacon Hill’s internal workings untouched. The lawsuit also asks the court to make clear that a former lawmaker — like DiZoglio — is not disqualified from auditing the institution. The filing argues that Brensley has standing to file the lawsuit as a taxpayer and as a statewide candidate who needs accurate spending data to propose reforms. “This isn’t about partisanship — it’s about the rule of law,” Brensley said. “The people of Massachusetts demanded transparency, and Beacon Hill leadership chose defiance. That’s unacceptable in a democracy.” Massachusetts voters approved a measure explicitly give the state auditor authority to audit the state legislature in the November 2024 general election by a wide margin — 72 percent supported it and 28 percent opposed it. The measure changed the first sentence of Massachusetts General Laws c. 11 § 12 to state that the auditor “shall audit” the “general court” (a term the state constitution uses to describe the state legislature) along with other state entities. The new language took effect December 5, 2024. Nearly a year later, legislative leaders have not provided the auditor with the records needed to complete the audit. The Legislature is exempt from the state's public records law, so special access by the state auditor is the only practical way to review internal financial activity. “Voters spoke loud and clear — they want transparency on how their tax dollars are spent," Brensley said. "Nearly a year later, legislative leaders have ignored that mandate and refused to comply with the law. This isn’t about politics — it’s about accountability to the people.” Brensley’s suit says the House’s post-election adoption of Rule 85A, which contemplates hiring an outside firm for a limited financial review, does not meet the new statute’s requirement. It applies only to the House and would let lawmakers define the scope. Her complaint calls the rule duplicative and says it cannot override a statewide law approved by voters. Top Democrats have argued that a full-performance audit by the state auditor would violate separation of powers. Senate President Spilka has also said the Legislature already conducts an audit, and she has questioned whether DiZoglio, a former lawmaker, should audit the body. "I am not against letting people know what's going on," Spilka told CBS News on February 3, 2025. "Everything from our salaries to our invoices to our services to our paper clips to everything is online. ... People can watch the sessions online. We tape them. They can watch past sessions. We are working for even more transparency because I want people to know what we do. I'm really proud of what the Senate does." Brensley’s suit asks the court to reject Spilka's arguments against allowing the state auditor to audit the state legislature. It says the statute contains no bar to an audit by a former member and that Beacon Hill leaders have a clear, non-discretionary duty to comply. If the judge sides with Brensley, and if that ruling is upheld, the state legislature would have 30 days to turn over records so the auditor can begin. Spilka and Mariano could not be reached for comment this past weekend. You can read the lawsuit, which was filed October 29, below:
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