The Arizona Republican Party Litigation The lawsuit was filed Thursday against Arizona Gov. Katie Hobbs (D), alleging that two of the governor’s executive orders “unlawfully” and “unilaterally” changed the state’s existing election laws.
Arizona Republican Party Chair Gina Swoboda sued Hobbs Executive Order 23permitting the use of state facilities as polling places; and Presidential Decree No. 25facilitating voter registration.
“A blatant misappropriation of her power.”
Governor Hobbs issued the order 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 agencies, as ballot drop-off locations. Executive Order 25 designated these state agencies as “voter registration assistance agencies” to “distribute voter registration forms, assist applicants in completing voter registration forms, and accept completed voter registration forms.”
The lawsuit alleges that Governor Hobbs “exceeded his authority as Governor by issuing Executive Orders 23 and 25 and therefore exercised his authority unlawfully,” and that the orders are “unconstitutional and invalid.”
“Petitioners seek to enjoin Governor Hobbs from enforcing Executive Orders 23 and 25 on the grounds that Executive Orders 23 and 25 exceed the authority granted to Governor Hobbs by the Arizona Constitution and Arizona law, violate the separation of powers regarding the Legislature’s power to enact election law, and usurp the lawfully granted authority of the Secretary of State regarding the designation of voter registrars and county recorders for ballot drop-off locations,” the complaint states. “Executive Orders 23 and 25 violate the law because, in issuing these executive orders, the Governor usurped the authority of the Legislature by unilaterally changing duly enacted election law.”
The court noted that the order did not address other “important issues,” such as “where to store completed ballots until they are sent to the appropriate election official, or whether to maintain a record of the custody of completed ballots.”
The lawsuit, filed directly with the Arizona Supreme Court, asks that the court declare the two executive actions unconstitutional, block Governor Hobbs from enforcing his orders, and “issue a writ enjoining Governor Hobbs from unlawfully exercising his authority to change our election laws.”
In the video posted X“The Governor’s Office has no authority under the Constitution or statutes to designate voter registration agencies, much less designate ballot drop-off locations or polling places,” Swoboda explained.
She called the governor’s actions a “blatant overstep of her authority.” Arizona Capitol Times Reported.
Hobbs’ spokeswoman, Liliana Soto, told the news outlet that the lawsuit was “frivolous” and that the governor was using his “lawful authority” to protect voting rights.
Hobbs’ attorney, Bo Dahl, argued that the executive order “advances the important goal of increasing access to voter registration for Arizonans.”
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