An official investigation into whether Katie Hobbs violated the law while serving as Arizona Secretary of State is still active, and therefore any records related to the matter are being withheld from the public, according to the Arizona Attorney General’s Office (AGO).
“Regarding the public records request you submitted on 11/30/22 & 2/15/23, this is an active investigation and therefore we are unable to release any records pursuant to the best interest of the State,” the AGO stated in an email Wednesday.
The email was in response to a status request from Arizona Daily Independent about an investigation initiated shortly after Hobbs, in her role as Secretary of State (SOS), restricted public access to E-Qual in mid-March 2022.
E-Qual is an online system maintained under state law by the SOS to provide qualified electors the ability to sign a nomination petition for certain candidates. There was still more than two weeks left in the nominating period when Hobbs took the system offline due to purported programming problems.
The April 19 disclosure by Attorney General Kris Mayes’ office that the E-Qual investigation put into motion by her predecessor, Mark Brnovich, remains active more than one year later is raising eyebrows.
Any prosecution of a public officer upon whom a duty is imposed by Arizona Revised Statutes, Title 16 (Elections and Electors) “who knowingly fails or refuses to perform that duty in the manner prescribed by law or knowingly acts in violation of any provision of such law” is only guilty of a class 6 felony or a class 3 misdemeanor, making it puzzling that no decision has yet been made.
Brnovich delegated his authority to Cochise County Attorney Brian McIntyre on March 29, 2022, tasking him with taking “any appropriate enforcement actions (civil and criminal)” regarding the SOS’s actions related to restricting E-Qual access.
Brnovich Delegates Hobbs Investigation To The Cochise County Attorney
Mayes’ office did promise in its status update to keep the records request open and to “provide any public records as they become available to the public.” But the refusal to release any investigation documents leaves the public with more questions than answers.
Some of those questions include whether McIntyre actually undertook a formal investigation, whether he relied on the assistance of any law enforcement officers, who within the SOS was questioned, and what cooperation -if any- Hobbs provided.
News of the ongoing investigation adds to what is turning out to be a not so good month for Hobbs.
She is coming under increasing criticism from lawmakers for her recurrent vetoes, including complaints of insensitive language contained in several of the veto notices. Bipartisan efforts are even underway for a veto override vote involving a bill to relax restrictive laws dealing with the sale of homemade food.
As a public health professional, I am VERY disappointed to see that a bipartisan bill allowing Arizonans to make an honest living by selling things like tamales, tortillas, and sweets legally was vetoed by Gov. @katiehobbs. It makes no sense. People are NOT dying from street food…
— (((Rep.Alma Hernandez))) (@almaforarizona) April 19, 2023
The veto override motion is prepared. https://t.co/BsBOEaQw1F
— Ben Toma (@RepBenToma) April 19, 2023
Another Hobbs veto led to a public outcry after Kayleigh Kozak, a crime victim advocate, was retaliated against for saying she was “disgusted” by the veto. Kozak was to be the keynote speaker at an awards event next week, but her comment got her disinvited.
Officials Who Claim to Support Victim Rights Go On Offensive To Silence Outspoken Victim Advocate
And earlier this month, Hobbs learned Judge Leo Jantzen of the Mohave County Superior Court will hear arguments related to allegations Hobbs improperly withheld evidence from the judge during Abe Hamadeh’s election challenge trial against Mayes back in December.
An attorney for Hobbs later admitted the then-SOS’s staff knew during the trial about tabulation problems which denied Hamadeh a few hundred votes.
Hamadeh Filing Hits Hobbs And Maricopa County Hard For Withholding Evidence