Thursday, September 12, 2024

BREAKING: AZ Supreme Court THROWS OUT AZ Republican Party Action Challenging Hobbs' Executive Orders Encouraging Polling Places & Drop Boxes

The Arizona Supreme Court DISMISSED in quick order a Special Action Petition filed by the Arizona Republican Party challenging two election-related Executive Orders issued last year by Governor Katie Hobbs. The Executive Orders encouraged Arizona counties to make use of state facilities for polling places and drop boxes.

Chief Justice Ann Timmer's Order scolded the party for not justifying filing the action directly with the Supreme Court, and for why it waited so long after the Executive Orders were issued. The attorney for the AZGOP was Andrew Gould, one of Timmer's former colleagues on the Supreme Court bench.

The Court concludes that Petitioners have not presented adequate justification for the action to commence in this Court rather than the superior court. The issues raised in the special action petition will not be mooted by the November 2024 election. We further note that Petitioners have not addressed why neither EO was challenged until this point in time. An earlier challenge would have permitted the Petitioners to secure a final ruling well before the upcoming election.

The Supreme Court declined to award attorneys' fees to the Governor, who hired Arizona election law attorney Andy Gaona to defeat the petition.

The Republican Party can choose to refile the action in a lower court.

 This article was reported by AZ Law founder Paul Weich. 

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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