Attorney General Kris Mayes sent a letter to House Speaker Mike Johnson this week, demanding that newly elected Representative Adelita Grijalva be sworn into office immediately. If the House doesn't comply within two days, she warned that she would take legal action to force the issue.
Adelita Grijalva recently won a special election to represent Arizona's 7th Congressional District in September with nearly 70% of the vote. However, weeks later, she still hasn't been officially seated in the House of Representatives.
This means more than 813,000 residents in her district currently have no one representing them in Congress.
In her letter, Kris Mayes pointed out that the House has a clear pattern of quickly seating newly elected representatives. The House recently swore in five other representatives elected in special elections from states like Utah, California, Florida, and Virginia, without any delays.
Mayes' Argument
"The House of Representatives' uniquely democratic function makes frustrating the will of the voters in selecting their representative particularly egregious," Mayes wrote.
Mayes argued there are no valid reasons to keep Grijalva from taking her seat. Her election results are official and undisputed. The Arizona Secretary of State has completed all required paperwork and sent the certificate of election to the House.
According to Mayes, "with the House in possession of the certificate of election, it is now a simple ministerial duty to administer the oath of office."
What troubles Mayes most is that House leadership has given confusing and contradictory explanations for the delay. Most concerning, one House aide suggested that Grijalva's seating might be connected to ongoing budget negotiations.
"An aide connected the swearing-in and admission to the ongoing budget fight, suggesting that the House is trying to use Arizona's constitutional right to representation in the House as a bargaining chip," Mayes wrote.
She made it clear that this is unacceptable. "Arizona's right to a full delegation, and the right of the residents of CD 7 to representation from the person they recently voted for, are not up for debate and may not be delayed or used as leverage in negotiations about unrelated legislation," Mayes expressed.
She emphasized that this violates Arizona’s Constitutional right. The House doesn't have the power to refuse to seat someone who was fairly elected and meets all requirements. She cited Supreme Court rulings that confirm Congress can't simply exclude duly elected members without legitimate reasons.
Mayes concluded with giving Speaker Johnson two days to explain exactly when Grijalva will be sworn in. If he doesn't provide an answer, Arizona will ask the courts to step in and force the House to seat Grijalva.
