Swoboda v. Hobbs
Case Summary
LWV Arizona filed an amicus brief in a state Supreme Court case in which the Arizona Republican Party and two individual voters requested the court overturn two of Governor Hobbs’ executive orders. These orders designated certain state facilities as ballot-drop box locations and expanded voter registration.
In 2023, Arizona Governor Katie Hobbs signed two executive orders that expanded voting access. One authorized the use of certain state facilities as voting or ballot-drop box locations. The second expanded voter registration. Petitioners – the chair of the Republican Party of Arizona and two individual voters – filed a petition with the state Supreme Court challenging Governor Hobbs’ authority to sign those executive orders. When petitioning directly to the state Supreme Court, the petition must satisfy exceptional circumstances for the court to take up the case.
In their August 21, 2024, petition, the petitioners argued that Governor Hobbs exceeded her authority in issuing the two executive orders. The petition sought a declaratory judgment stating the governor acted beyond her legal authority and that both executive orders were unconstitutional and void. The petitioners also requested the court to enjoin Governor Hobbs from enforcing the executive orders.
On September 6, 2024, LWV of Arizona (LWVAZ) filed an amicus brief opposing the petition based on petitioners’ lack of proof that the case should have bypassed the lower courts and gone straight before the Arizona Supreme Court.
On September 12, 2024, the court dismissed the petition on jurisdictional grounds. It dismissed it without prejudice, noting that the petitioners could bring a proper proceeding in a lower state court. The court explicitly mentioned that its dismissal expressed no view on the merits, claims, or defenses of the argument. Both executive orders remained in effect for the November 2024 general election.
LWVAZ was represented in this matter by the Fair Elections Center and the Arizona Center for Law in the Public Interest.
LWV Timeline
Petitioners file lawsuit
Petitioners file suit against Governor Hobbs challenging two executive orders related to voting access.
LWVAZ files amicus brief
LWVAZ files an amicus brief urging the Arizona Supreme Court to dismiss the petition for failure to satisfy the exceptional circumstances standard required for bypassing lower state courts.
Court dismisses case
The court dismisses the case for petitioners’ failure to prove the standard necessary to justify bypassing the lower courts.