Arizona AG sues Sec. of State over contents of new Elections Procedures Manual

Arizona Attorney General Mark Brnovich has filed a lawsuit against Arizona Secretary of State Katie Hobbs over what he believes should and should not be included in a new Elections Procedures Manual that Hobbs is in charge of writing.

Brnovich filed in partnership with the Yavapai County Republican Committee, which allows the hearing to be held in Yavapai County.

This has led to claims by a Hobbs aide that Brnovich is “forum shopping” and hoping to file in a county where he might get a better result, and “colluding” with the Republican party.

The lawsuit claims Hobbs has failed to fulfill her official duty to write a new manual for the 2022 midterm election. The suit also asks the judge to order Hobbs to create a new manual by May 4, and contain – or not contain – contents of Brnovich’s choosing. Hobbs argues she has presented a revised manual to Brnovich for review, and that he simply does not like the contents and wants her to remove some provisions. 

“There is no legal basis for these wholesale deletions,’’ Hobbs wrote to Brnovich in December. “They contravene the purpose of the manual itself, leaving large gaps in election procedures, introducing inconsistency to longstanding processes, and creating unnecessary uncertainty and risk for election officials on the cusp of an election year that will already be challenging due to redistricting.”

Hobbs also says the lawsuit is nothing more than an attempt to gain popularity with Republicans as Brnovich is in a neck-and-neck race for Republican Senate nominee. Hobbs is also vying for a new office of her own, as a gubernatorial candidate. 

Filing in Yavapai County gives Brnovich a larger chance of getting a Republican judge to preside over the case, a  move Hobbs’ office says is blatant and unfair.

“This is another blatantly political move by the attorney general,’’ said Hobbs aide Murphy Hebert. “It’s unbelievable that he’s venue shopping and colluding with a political party to sue a state official,’’ Hebert continued. “And it is most definitely the opposite of what needs to happen to ensure free and fair elections this year.’’