Arizona US Rep-Elect’s Swearing-in Delayed by Shutdown: House Speaker

U.S. House Speaker Mike Johnson’s office said Friday that the ongoing government shutdown has prevented him from seating a newly elected member from southern Arizona.

Federal law states the Speaker of the House is in charge of swearing-in House members in the House chamber. If the member’s oath is delayed, he or she can be sworn in elsewhere by someone designated by the House speaker.

Representative-elect Adelita Grijalva (D-Ariz.) and Arizona Attorney General Kristin Mayes sued the House of Representatives in federal court on Oct. 21, asking the court to bypass the House speaker and declare Grijalva a House member, once the oath is administered to her by anyone authorized to do so.

“The Constitution does not specify who must administer the oath, only that Representatives must take it,” states the complaint.

If the court agrees with Grijalva, it could set a precedent for how specially elected representatives are sworn into office during government shutdowns.

Grijalva’s lawsuit claims that the representative-elect has for weeks requested that Johnson administer the oath to her and seat her, but he has refused to do so until the House comes back into regular session.

“Arizona’s right to full congressional representation and Ms. Grijalva’s right to hold office are not limited to those times when the Speaker decides the House will be in ‘regular session,’” states the complaint.

Grijalva also claims the House, through Johnson and his staff, is violating the Constitution.

The government has been shut down for 38 days as of Friday, making it the longest in history. Democratic Senators continue to deadlock over disagreement with Republican proposals for funding.

The Tucson Democrat was elected in a special election on Sept. 23—45 days ago—to replace her father, former U.S. Rep. Raúl Grijalva, who died of cancer while in office. Her father—also a Democrat—had served since 2003.

Grijalva now holds the record for the longest delay of a member of Congress being seated following a special election.

Johnson has said he looks forward to swearing in the newly elected member when lawmakers vote to end the government shutdown and the House can return to regular legislative business.

“Grijalva’s swearing in is delayed as a result of the Democrat shutdown,” Johnson’s spokesman Griffin Neal told The Epoch Times in an email Friday.

In a Wednesday radio interview on “Straight Shooter With Stephen A.,” Johnson said he wasn’t stalling. When someone is elected in a special election, the speaker waits until the House is back in regular session to administer the oath of office, he said.

“I’m anxious to administer the oath to her, and we will, but we got to get the lights turned back on here first and get Congress open and operating for the people so that we can get all this done,” Johnson said. “There’s no other objective here. I’m just trying to follow the regular order.”

In the meantime, Grijalva can serve her constituents in every capacity, Johnson said.

Grijalva has a full staff, congressional offices, and equipment to serve as a representative, according to the speaker.

“She can be doing what everybody else is doing right now as the Rep.-elect until we just go through the formality of administering the oath,” Johnson said.

Grijalva did not return a request for comment Friday.