Massachusetts Selectman, candidate for Lieutenant Governor, files lawsuit against Mariano, Spilka, over voter approved audit

Anne Brensley, Wayland Selectman and Republican candidate for Lieutenant Governor, has announced that she has filed a lawsuit against House Speaker Ron Mariano and Senate President Karen Spilka for refusing to comply with the voter-approved law requiring the Massachusetts Legislature to be audited by the State Auditor.

The lawsuit seeks a declaratory judgment and writ of mandamus compelling the Legislature’s leaders to follow Massachusetts General Law Chapter 11, Section 12, which was amended after 71.6% of Massachusetts voters approved Ballot Question 1 last November. The law explicitly authorizes the State Auditor to audit “all departments, offices, commissions, institutions, and activities of the Commonwealth, including…the General Court itself.”

“Voters spoke loud and clear — they want transparency on how their tax dollars are spent,” said Anne Brensley. “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.”

The lawsuit argues that Speaker Mariano and Senate President Spilka have “purposely defied the law” by withholding the financial documents necessary for the Auditor’s office to perform the audit.

Brensley stated that Senate President Spilka has publicly claimed that an internal legislative review is sufficient and that Auditor Diana DiZoglio cannot conduct the audit due to her past legislative service — a claim Brensley’s suit calls legally baseless.

According to Brensley, previous lawsuits filed by private citizens to compel the audit were dismissed because the courts found those plaintiffs lacked standing under the Public Right Doctrine, which allows citizens to enforce certain government duties only when they can demonstrate a clear, particular interest. She says that her case is materially different as both a Massachusetts taxpayer and a candidate for statewide office, she has a direct, personal, and legal interest in ensuring the audit is completed.

The complaint argues that:

• As a candidate for Lieutenant Governor, Brensley must understand the state’s budget in full to responsibly assist in future fiscal planning.
  
• By refusing to provide audit materials, legislative leaders are depriving her — and other challengers — of access to financial information that could reveal misuse of taxpayer funds, spending overruns, and contract irregularities.
  
• This information is currently withheld from the public and opposition candidates, giving entrenched political leadership an unfair advantage.

“Other lawsuits failed because their plaintiffs didn’t have a direct stake,” Brensley explained. “I do. As a candidate for statewide office, I need accurate budget data to propose real fiscal reforms. The Legislature’s refusal to follow the law doesn’t just violate voter intent — it actively hinders fair elections and informed policymaking.”

The complaint asks the Court to:

• Declare that House Rule 85A — which allows the House to self-audit — does not satisfy M.G.L. c. 11 §12;
  
• Affirm that State Auditor Diana DiZoglio is fully authorized to conduct the audit regardless of her prior service in the Legislature; and
  
• Order the Legislature to comply with the law within 30 days and turn over all materials required for the audit.
  

“This case is simple,” Brensley said. “The people voted for an independent audit of the Legislature. Leadership ignored them. It’s time for the courts to enforce the law and restore trust in Beacon Hill.”

The case, titled Brensley v. Mariano & Spilka, has been filed in Middlesex Superior Court.