Lawsuit: Arizona Gov. Hobbs’ Election Executive Orders Are Illegal

Gov. Katie Hobbs’, D-Ariz., unilateral designation of state agencies as voter registration and ballot drop-off locations is unconstitutional, a lawsuit filed Thursday alleges.

Brought by Arizona GOP Chair Gina Swoboda and two state voters, the suit challenges the legality of two executive orders issued by Hobbs in November 2023 that authorized “certain new state agencies [to serve] as locations where a person can register to vote and drop off completed ballots.” Among the agencies directed to “make voter registration forms” and other election-related information available are the Arizona Department of Corrections, Rehabilitation, and Reentry and Arizona Department of Juvenile Corrections.

Plaintiffs allege that by issuing the orders, Hobbs “acted, or is threatening to proceed, in excess of her legal authority as Governor of Arizona.” Specifically, they contend the edicts “exceed the powers granted [to Hobbs] 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 Governor is acting ultra vires on matters of statewide importance that relate to elections and have the ability to impact the integrity of the upcoming general election,” the lawsuit reads. “This matter needs to be decided and her conduct stopped immediately.”

Plaintiffs requested the Arizona Supreme Court to declare the orders unconstitutional, prohibit Hobbs from enforcing them, and “[i]ssue a writ of quo warranto to prohibit Governor Hobbs from unlawfully exercising authority she lacks to change election laws as set forth in EO 23 and EO 25 agencies.”