Arizona Republicans Sue Governor Over Pro-Voting Executive Orders

Waving flags of the USA and Arizona against blue sky backdrop. 3D Rendering.

Republicans in Arizona filed a lawsuit on Aug. 21 challenging two executive orders signed by Gov. Katie Hobbs (D) last year that expand voting access throughout the state. 

In November 2023, Hobbs signed two executive orders — EO 23 and EO 25 — that expanded voting access in the Grand Canyon state by authorizing the use of state facilities as voting locations and expanding voter registration. The lawsuit, filed by Arizona Republican Party chair Gina Swoboda and two voters, alleges that both executive orders violate the state’s constitution because only the state legislature and state and local election officials  have  the authority to decide where voters can register to vote and drop off their ballots.  

Swoboda’s lawsuit takes issue with the logistics of Hobbs’ executive order to use state facilities as voting locations, calling out concerns with designating state buildings belonging to the Department of Corrections, Rehabilitation and Reentry and the Department of Juvenile Corrections as official locations for storing ballots. “EO 23 is silent about important issues regarding completed ballots and voting procedures including, for example, where to store completed ballots until they can be sent to the appropriate election officials or keeping a chain-of-custody log for those completed ballots,” the lawsuit reads

Rather than filing the lawsuit in a lower court, Swoboda’s lawyers filed directly to the Arizona Supreme Court, because “this case involves pure legal questions of statewide importance that hinge on this Court’s interpretation of the Arizona Constitution and statutes that have immediate ramifications for the impending 2024 elections throughout the state.” In filing directly to the state’s highest court, they’re asking for the justices to step in and find the executive orders unconstitutional and block Hobbs and her office from taking any further action to expand voter registration and ballot drop-off sites.

Swoboda’s lawsuit is the latest in a right-wing legal assault on Arizona’s voting procedures and practices. According to Democracy Docket’s litigation tracker, there are currently 11 active anti-voting cases in Arizona, which includes challenges to the state’s election procedures manual, voter roll maintenance and election administration procedures.   

Learn more about the case here.