AG asks Cochise County attorney to review Hobbs

Investigation to center on the “E-QUAL” system

The dispute over a state website that allows people to sign candidate petitions electronically has moved out of the state Capitol and into the hands of a Republican county attorney.

Attorney General Mark Brnovich on Tuesday asked Cochise County Attorney Brian McIntyre to conduct an investigation into the administration of the “E-QUAL” system.

Earlier this year, Brnovich threatened to sue Secretary of State Katie Hobbs after she announced the system, which she oversees and is a convenience for candidates, would go offline during the signature-gathering period. He argued Hobbs broke the law in doing so. Hobbs in turn asked a court to block Brnovich from suing, a request that a Maricopa County Superior Court judge rejected as premature.

On Thursday, the Secretary of State’s Office brought the E-QUAL system back online. That means that candidates for congressional, legislative and precinct committee seats have a few days to gather signatures electronically on their nomination petitions before the April 4 filing deadline.

Secretary of State Katie Hobbs attributed the early return of the system to a “colossal effort” by her staff and elections officials in Arizona’s 15 counties.

Underpinning this fight between two of the state’s highest elected officials is the 2022 political calendar. Brnovich, a Republican, is running for the GOP nomination for U.S. Senate. Hobbs, a Democrat, is seeking that party’s nomination for governor.

Brnovich’s lawsuit threat is apparently on hold, at least until McIntyre finishes his work. A call to McIntyre’s office Wednesday to see if he accepted the assignment was not immediately responded to, though in his letter Brnovich thanked McIntyre for his willingness to conduct the investigation.

Brnovich has tasked him with determining whether Hobbs violated state law when she took the system offline March 17.

Hobbs: Brnovich’s actions ‘ridiculous’

Since January, Hobbs has argued the shutdown, does not violate the law because it’s a necessary part of system maintenance. The system was down for two weeks. Hobbs contended the hiatus was needed so county elections officials could incorporate newly drawn political district lines into the voter-registration system. The work ensures voters are correctly assigned to new districts in time for the Aug. 2 primary election

The new lines were created by the Arizona Independent Redistricting Commission, which finished its work in late December. That, combined with legislation that moved the primary from late August to earlier in the month, compressed the time county elections officials had to incorporate the new political boundaries.

In a letter Tuesday to McIntyre, Brnovich outlined his issue with Hobbs’ decision and said he had received numerous complaints about the unavailability of the E-QUAL system.

“You will operate independently of the Attorney General’s Office in determining which actions are appropriate to resolve this matter,” Brnovich wrote to McIntyre. He did not set any deadlines for McIntyre to complete his work.

In a statement, Hobbs said her office is reviewing Brnovich’s letter.

“The attorney general’s continued attacks on election officials across the state for doing our jobs is ridiculous,” Hobbs said.