Arizona Attorney General Kris Mayes (D) cautioned on Tuesday about potential legal measures if Speaker Mike Johnson (R-La.) further delays the swearing-in of Democratic Rep.-elect Adelita Grijalva from Arizona.

“Mike Johnson needs to put an end to these political maneuvers and promptly seat Adelita. My office is sending a letter to Speaker Johnson today, insisting on immediate action,” Mayes mentioned in her Tuesday statement. “We’re exploring all our options, including litigation, to ensure he is held accountable and that Adelita can start her role as Arizona’s newest Congress member.”

Grijalva secured a victory in a special election on September 23 for the Arizona seat, previously occupied by her father, the late Rep. Raúl Grijalva (D-Ariz.). Despite her clear win, she has not been officially sworn in.

In the context of a government shutdown, Johnson has suspended previously arranged votes and placed the House on recess, aiming to press Senate Democrats into approving the GOP-led, House-approved “clean” temporary funding bill valid until November 21.

He has opted against swearing in Grijalva during short “pro forma” sessions, necessary for constitutional purposes, maintaining that she will be sworn in once the House resumes regular sessions, a stance he reaffirmed in a statement addressing Mayes on Tuesday.

“As I have consistently stated, the House will adhere to standard procedures by swearing in Rep-elect Grijalva when the House is in active legislative session,” Johnson clarified in his 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.