Arizona Attorney General Kris Mayes (D) on Tuesday threatened legal action if Speaker Mike Johnson (R-La.) delays swearing in Democratic Rep.-elect Adelita Grijalva (Ariz.).
“It’s way past time for Mike Johnson to stop the political games and seat Adelita without delay. Today, my office is sending a letter to Speaker Johnson demanding he do so,” Mayes said in a statement on Tuesday. “We are keeping every option open to us, including litigation, to hold him accountable and make sure that Adelita is able to begin her work as Arizona’s newest member of Congress.”
Grijalva won a special election on Sept. 23 for the Arizona seat that was long held by her father, the late Rep. Raúl Grijalva (D-Ariz.). But despite decisively winning the seat, she has not yet been sworn in.
Johnson has canceled weeks of previously scheduled votes and kept the House in recess amid the government shutdown as he aims to pressure Senate Democrats into accepting the GOP-crafted, House-passed “clean” stopgap bill to fund the government through Nov. 21.
He has declined to swear Grijalva in during the brief “pro forma” sessions that the chamber holds for constitutional appointment reasons, and he has said he will swear in Grijalva when the House is back in regular session — reiterating the position in a statement in response to Mayes on Tuesday.
“As I have said repeatedly, the House will follow customary practice by swearing in Rep-elect Grijalva when the House is in legislative session,” Johnson said in a statement.
Mayes sent a letter to Johnson on Tuesday reiterating her demand, noting the state on Tuesday will transmit to the House a certificate of election validating Grijalva’s win.
“Ms. Grijalva no longer needs a House resolution to be sworn into office. With the House in possession of the certificate of election, it is now a simple ministerial duty to administer the oath of office,” Mayes wrote.
“The House is without authority to refuse her oath and admission,” Mayes said.
The Arizona attorney general asked Johnson to respond within two days with an assurance that Grijalva will be sworn in, saying it “must be immediate and prior to the date the House comes back into regular session.”
Democrats have called for Grijalva to be sworn in at a pro forma session — saying Johnson set precedent for doing so just months ago. Two Florida Republicans were sworn in during a pro forma session on April 2, the day after their special elections.
Johnson said that scenario is different because votes previously scheduled for that day were canceled just one day before, and so Republicans went ahead with the swearing-in since the ceremonial plans had already been made. Johnson canceled votes for Sept. 29 and 30 before Grijalva’s special election, and he has canceled all previously scheduled voting days in the House since the beginning of the shutdown.
In a press conference Tuesday morning, Johnson noted that after Rep. Julia Letlow (R-La.) was elected in a special election in 2021, she was not sworn in by former Speaker Nancy Pelosi (D-Calif.) for 25 days.
“No Democrats jumped up and down and screamed about that, nor do I recall any Republicans, because everybody understood this is the process of the House. You do it as soon as you’re able to do it,” Johnson said.
Not swearing in Grijalva also delays a months-long effort to circumvent House leadership on a bill compelling the Department of Justice to release files related to the sex offender Jeffrey Epstein — with Grijalva being the 218th and final signature needed on the procedural gambit called a discharge petition to force action on the measure. GOP leaders argue the bill is not needed since the House Oversight and Government Reform Committee is investigating the Epstein matter.
Johnson said the delay in swearing in Grijalva has nothing to do with the Epstein files.
“It has nothing to do with that at all. We will swear her in when everybody gets back,” Johnson said last week.
