Arizona Governor Hobbs ‘unlawfully’ changed election rules: Lawsuit

The Republican Party of Arizona filed a lawsuit against Arizona Governor Katie Hobbs (D) on Thursday, claiming that two of her executive orders “unlawfully” and “unilaterally” altered the state’s existing election laws.

Arizona GOP chair Gina Swoboda sued Hobbs over Executive Order 23, Authorizing the Use of State Facilities as Voting Locations, and Executive Order 25, Facilitating Voter Registration.

'Blatant overreach of her authority.'

Hobbs issued the orders in November 2023. Executive Order 23 designated the Arizona Department of Juvenile Corrections and the Arizona Department of Corrections, Rehabilitation, and Reentry, as well as other state-run agencies, as ballot drop-off locations. Executive Order 25 designated those state departments as “Voter Registration Assistance Agencies” that are to “distribute voter registration forms, assist applicants in completing voter registration forms, and accept completed voter registration forms.”

According to the lawsuit, Hobbs “exceeded, and is therefore unlawfully exercising, her authority as Governor, in issuing EO 23 and EO 25.” It argued that both executive actions are “unconstitutional and void.”

“Petitioners seek to enjoin Governor Hobbs from enforcing EO 23 and EO 25 on the grounds they exceed the powers granted her by the Arizona Constitution and Arizona statutes, violate the separation of powers regarding the Legislature’s authority to enact election laws; and usurp the powers lawfully granted to the Secretary of State regarding the designation of Voter Registration Agencies and county recorders regarding ballot drop-off locations,” the complaint read. “EO 23 and EO 25 are contrary to law because, in issuing these executive orders, the Governor usurped the authority of the Legislature by unilaterally changed duly-enacted election laws.”

It noted that the orders fail to address other “important issues,” including “where to store completed ballots until they can be sent to the appropriate election officials or keeping a chain-of-custody log for these completed ballots.”

The lawsuit, which was filed directly with the Arizona Supreme Court, requests that the court declare the two executive actions unconstitutional, prevent Hobbs from enforcing the orders, and “issue a writ of quo warranto to prohibit Governor Hobbs from unlawfully exercising authority she lacks to change election laws.”

In a video posted to X, Swoboda explained, “The governor’s office does not have the authority, under the constitution or under any statutory authority, to designate voter registration agencies and definitely not to designate ballot drop-off locations or voting locations.”

She called the governor’s actions a “blatant overreach of her authority,” the Arizona Capitol Times reported.

Liliana Soto, a Hobbs press aide, told the news outlet that the lawsuit was “frivolous” and claimed the governor was using her “lawful authority” to protect voting rights.

Hobbs’ general counsel, Bo Dul, argued that the executive orders “further the important goals of increasing Arizonans’ access to voter registration.”

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