Diana DiZoglio burst into song as she pushed legislative audit at Massachusetts Democratic convention

LOWELL — If there was any question about what State Auditor Diana DiZoglio was going to say during her state Democratic convention speech Saturday, she immediately put to bed speculation when she walked out to the 1980s hit “Walking on Sunshine.”

The song was used as an anthem — outside of her own ballad of transparency  — for her campaign to audit the legislature, a push that has met fierce resistance from top lawmakers on Beacon Hill. It is an effort that has taken DiZoglio from the Attorney General’s office to the 2024 ballot question realm.

DiZoglio made clear during her short speech that the “biggest roadblock” she has faced since taking office earlier this year is ensuring “our Democratic values” are represented up on Beacon Hill.

“See, I audit over 200 state entities and the only one that has refused to comply is unfortunately our own state legislature,” DiZoglio, a former state senator from Methuen, said to a crowd that included the very people she wants to audit. “Now, I know this topic makes many Beacon Hill insiders uncomfortable and that’s why I’m coming directly to you, Massachusetts Democrats.”

Top Democrats, including Senate President Karen Spilka and House Speaker Ronald Mariano, contend DiZoglio has neither the legal authority nor constitutional power to audit the Legislature, which is not subject to the public records law and often hashes out the final details of major bills in private.

Mariano has rejected DiZoglio’s claims of legislative auditing authority, arguing it is “entirely without legal support or precedent, as it runs contrary to multiple, explicit provisions of the Massachusetts Constitution.”

“[It] is wholly unnecessary as the public currently has full and ready access to the House’s financial information,” Mariano wrote in a March letter.

Marino believes it is “just really simple and straightforward” that DiZoglio does not have the power to audit the Legislature and that there is a constitutional separation of powers, campaign spokesperson Scott Ferson told the Herald after DiZoglio’s speech.

Spilka has aired similar points, saying in a separate March letter that a “plain reading” of state law makes clear that the Legislature is not among the entities over which the auditor has authority.

“Moreover, the Massachusetts Constitution guarantees that the Senate and House of Representatives have exclusive authority to manage their own business and determine their own internal rules of proceedings,” Spilka wrote.

Spilka did not take questions from reporters at the convention and a spokesperson did not respond to a request for comment.

DiZoglio is in the process of seeking legal action against the legislature to force lawmakers to open up their books. But any lawsuit first needs approval from Attorney General Andrea Campbell, who declined to take questions from reporters at the convention.

Campbell has suggested that a lawsuit between two parts of state government is “rare” during an August radio interview.

“I just want to stress that this is rare that you have one part of government wanting to sue another or vice versa depending on how this unfolds,” Campbell said.

DiZoglio said Democrats in Massachusetts have increased access to voting but the access ends once elections are over.

“Should we care so deeply about access to voting for our elected officials but then resign our right to access information about how they voted, how our money is being spent, how process and procedures can allow for 120 legislators to co-sponsor a bill that’s never brought up for a vote, empowering two or three people in positions of power to block its passage?” DiZolgio said before she burst out into song.

Advocacy group Our Revolution Massachusetts said before the convention that they planned to file a resolution that supported DiZolgio’s audit. But it did not see any action — nor did any other resolution filed by state party members — after a series of parliamentary moves culminated in the adjournment of the convention.

Massachusetts Democratic Party Chair Steve Kerrigan said convention rules essentially require a two-third vote to take up resolutions if they are not on the agenda.

“This convention was about taking action but you’re allowed as a delegate to bring a resolution if you wish. There are thresholds within our charter and our convention rules,” Kerrigan told reporters. “… If the eventual agenda for the convention didn’t include resolutions — which this didn’t because it’s an action agenda convention and typically those things don’t happen — then you have to have two thirds to suspend the rules.”