“Speaker Mike Johnson is actively stripping the people of Arizona of one of their seats in Congress and disenfranchising the voters of Arizona’s seventh Congressional district in the process,” Mayes said in a statement.
Mayes argues that Johnson’s refusal to allow Grijalva to take her oath of office is subjecting nearly one million Arizonans to taxation without representation.
“Speaker Johnson’s obstruction has gone far beyond petty partisan politics—it’s an unlawful breach of our Constitution and the democratic process,” Representative-elect Adelita Grijalva said.
“Why the different treatment? Johnson claims that it was because the two members had families in town,” she wrote. “But the truth is, those two members were Republicans—and Adelita Grijalva is a Democrat.”
Her seating would give the Democratic minority one more vote.
The elder Grijalva, a progressive, had served Arizona's 7th Congressional District for more than two decades before his passing in March 2025.
"There is no practical reason why he is unable to administer the oath," the filing asserts.
Mayes and co-plaintiff Grijalva say that this delay infringes on constitutional mandates, stripping Grijalva of her office and denying her district influence in national affairs.
Johnson said during a press conference on Oct. 20 Grijalva's election occurred after the House adjourned, committing to swear her in on the first day of the next legislative session.
"I'm willing and anxious to do that," Johnson said, calling the lawsuit an attempt for publicity by Mayes.
The suit, however, counters that the Constitution does not empower the Speaker to implement such delays, prescribing only that elected members take the oath if qualified. It further states that any removal must follow seating and a two-thirds expulsion vote.
Johnson says this approach aligns with precedents set by former Speaker Nancy Pelosi (D-Calif.), who put off oaths for Republican special election winners during recesses.
The filing stresses that the speaker’s actions have barred Grijalva from conducting her duties, such as voting on critical issues, including budget negotiations while the government remains shut down, leaving her more than 800,000 constituents in southern Arizona without a representative. This includes paused services for veterans, seniors, and others dependent upon congressional offices.
Democrats claim the delay is part of broader political measures, arguing that Johnson is trying to undermine a discharge petition put forth by Rep. Thomas Massie (R-Ky.) to release Justice Department files regarding the Jeffrey Epstein sex trafficking probe.
Grijalva's seating represents a key 218th signature required to force a vote. Johnson has denied these allegations.
Once sworn in, Grijalva would assume the historic role as Arizona's first Latina congresswoman.