The Arizona Republican Party (AZGOP) filed a lawsuit last month against Democratic Governor Katie Hobbs over her “unconstitutional” executive orders relaxing election laws. The Petition for Special Action challenged Hobbs placing voter registration forms at prisons and designating the prisons as ballot drop-off locations, which the AZGOP stated was taking “ultra vires” actions, meaning beyond her legal power and authority.
The lawsuit, filed by former Arizona Court of Appeals Justice Andrew Gould and others and representing AZGOP Chair Gina Swoboda, alleged that Executive Orders 2023-23 and 2023-25 “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 petition said Hobbs does not have the authority to issue them within her executive power.
Hobbs designated the Arizona Department of Corrections, Rehabilitation, and Reentry and the Arizona Department of Juvenile Corrections for these locations, as well as other state agencies. However, “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 these completed ballots.”
EO 25 orders prisons and other state agencies to “make voter registration forms available in conspicuous public locations.”
The petition noted that Hobbs placed no expiration date on the orders, and did not issue them under the guise of an emergency, like former Governor Doug Ducey did with COVID-19 executive orders.
Additionally, the petition said that EO 25 required state agencies to provide a report to her by June 30 detailing whether there were opportunities to provide voter registration assistance. The petition said it appears this was not complied with by state agencies.
The petition went over numerous Arizona statutes which place voter registration duties with county recorders, not the executive branch, stating, “Arizona law establishes that only the board of supervisors for each county can establish voting locations and drop-off locations for completed ballots.”
Arizona law also states in A.R.S. 16-140(A) that “public assistance agencies and disabilities agencies … shall provide the opportunity to register to vote for those persons who apply for benefits or appear at the agency to renew, recertify[,] or change address information.” It says nothing about prisons providing voter registration.
The complaint concluded, “The Arizona law is clear on who can distribute and accept voter registration forms and completed ballots: (1) public assistance or disabilities agencies as defined by statute; or (2) a location/agency as designated by a county recorder (or designee of a county recorder) or justice of the peace. The Governor is nowhere included in this clear line of authority. The same is true for determining voting locations.” The AZGOP asked the court to declare the two executive orders unconstitutional, and requested attorneys’ fees and costs.
