Ethics investigation of Brnovich could alter election laws in Arizona

Attorney General Mark Brnovich

By Robert Anglen & Yvonne Wingett Sanchez | Arizona Republic

A bitter behind-the scenes battle between Secretary of State Katie Hobbs and Attorney General Mark Brnovich could change election laws in Arizona.

Hobbs filed sweeping ethics complaints to the State Bar of Arizona in 2020 accusing Brnovich and several of his top attorneys of sabotaging election-related cases and misrepresenting her office. 

More than 14 months later, the agency responsible for licensing and regulating attorneys is still asking questions and seeking records. The allegations of misconduct include conflicts of interest, improperly using confidential information and publicly maligning election officials.

The case represents more than a squabble between partisan rivals. It goes to whether the attorney general has adequately represented the state’s interests, including those of an office with which it is fundamentally at odds.

The outcome could decide the winner in a tug-of-war between Republicans and Democrats over who controls election cases ahead of the 2022 midterms. 

A dismissal could embolden the Republican-led Legislature to renew attempts to strip Hobbs of her ability to file election-related lawsuits and give Brnovich sole authority to represent the state in those cases.

A misconduct finding could threaten Brnovich’s legal and professional standing, putting his leadership under scrutiny and leave members of his staff facing discipline.

Hobbs, a Democrat, and Brnovich, a Republican, have battled publicly this year over voting fraud claims, squaring off over the the GOP-led audit of 2.1 million ballots cast in Maricopa County and claims the election was rigged against Donald Trump.

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