Arizona Attorney General Threatens to Sue Speaker Mike Johnson Over Grijalva Swearing-In Delay

By Marcus Nkire

Arizona Attorney General Kris Mayes has threatened to sue U.S. House Speaker Mike Johnson if he fails to announce when and where newly elected Representative Adelita Grijalva will be sworn into office.

In a letter sent Tuesday, Mayes accused Johnson of acting unlawfully by delaying Grijalva’s swearing-in, despite the certification of her election victory. Grijalva, a Democrat, won the special election to replace her late father, Rep. Raúl Grijalva, with nearly 70 percent of the more than 102,000 votes cast over Republican challenger Daniel Butierez.

Secretary of State Adrian Fontes formally certified the election results earlier this week, and Governor Katie Hobbs has transmitted the official certification to the House of Representatives. According to Mayes, this leaves no legal basis for delay.

“Ms. Grijalva no longer needs a House resolution to be sworn into office,” Mayes said. “With the House in possession of the certificate of election, it is now a simple ministerial duty to administer the oath.”

Mayes gave Johnson until the end of Thursday to provide “assurance of when and where” the swearing-in would occur. “Should you fail to provide such assurance,” she warned, “we will be forced to seek judicial relief to protect Arizona and the residents of its Seventh Congressional District.”

Speaker Johnson, responding to reporters in Washington, dismissed the lawsuit threat, calling it “a publicity stunt.” He said Grijalva would be sworn in when the House reconvenes, arguing that Democrats in the Senate should “do their job and open the government” before regular business resumes.

Mayes countered that Grijalva’s delay in taking office is preventing her from performing essential duties for her constituents. “She’s already receiving requests from residents dealing with flooding and other local issues,” Mayes said. “She has no access to her office, cannot hire staff, and cannot represent her district — and that is absolutely outrageous.”

The attorney general also questioned Johnson’s reasoning, noting that he had sworn in two other members — both Republicans — immediately after their special elections during pro forma House sessions earlier this year.

Some Democrats allege political motives behind the delay, suggesting Johnson may be seeking to block a bipartisan vote on the release of federal investigative files related to the late financier Jeffrey Epstein. The measure, which has garnered 217 signatures, needs just one more to reach the House floor — a vote Grijalva has publicly pledged to support.

Mayes said Arizona has legal standing to bring the case if necessary, emphasizing that about 813,000 residents of the state’s 7th Congressional District are currently without representation in Congress.

“Our goal is simple — to get her sworn in as soon as possible,” Mayes said. “Her constituents deserve a voice in Washington.