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Arizona Won’t Hinder GOP Lawsuit to End No-Excuse Mail-In Voting

May 28, 2022

By Corinne Murdock |

Attorney General Mark Brnovich won’t challenge or appeal the pending ruling in the Arizona Republican Party’s (AZGOP) lawsuit to declare no-excuse, mail-in voting as unconstitutional. 

Solicitor General Brunn (Beau) Roysden pledged in a court filing to honor the ruling, whatever that may be. The AZGOP filed with the Mohave County Superior Court last Tuesday after the Arizona Supreme Court denied jurisdiction to the AZGOP. The AZGOP then refiled their case with the Superior Court earlier this month. 

“[The State of Arizona] agrees to be bound by the outcome of this litigation, including any appeals, with respect to the declaratory and injunctive relief requested,” stated Roysden. 

17 defendants were named in the lawsuit: all 15 county recorders, the State of Arizona, Secretary of State Katie Hobbs.

In their initial complaint totaling nearly 60 pages, the AZGOP claimed that Hobbs prevented enforcement mechanisms for valid signature verification by not adding those procedures to the Election Procedures Manual (EPM). Additionally, the party claimed that Hobbs lacked legal authority to implement drop box voting.

The AZGOP insisted that Hobbs’ actions were only possible due to a “longstanding deviation” from election procedures outlined in the Arizona Constitution. According to the party, Arizona’s no-excuse, mail-in voting system violates the constitution because several provisions direct voting to take place at the polls.

“Stated simply, Arizona’s ‘early voting’ statutes — which provide for the ‘absentee’ or ‘no-excuse mail-in’ voting — violate the Arizona Constitution, in whole or in part,” claimed the lawsuit. “[I]n-person voting at the polls on a fixed date is the only constitutionally permissible manner of voting.”

The AZGOP requested that the judge compel Hobbs to include the signature verification guide in the EPM, remove mentions of the drop box in the EPM, and cease enforcement of absentee voting laws.

However, should the courts decide that no-excuse, mail-in voting doesn’t violate the state constitution, the AZGOP requested a definitive explanation as to how the constitution permits absentee voting. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

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