A petition brought by the Arizona Republican Party that sought to end early and mail-in voting isn’t going anywhere at the state’s highest court. 

The Arizona Supreme Court on Tuesday declined jurisdiction in response to a petition for special action that argued the state’s current, widely used system of no-excuse early voting is unlawful under the Arizona Constitution. Chief Justice Robert Brutinel signed the order. 

The decision means a long shot attempt to nix early balloting is likely doomed, and it comes after some Republican officials publicly decried the effort by the state party. 

In an emailed statement provided by a spokesperson, Secretary of State Katie Hobbs said the office is happy with the decision to drop what she called a “dangerous” lawsuit. “Today is a good day for Arizona voters. … (they) will still be able to early vote, access drop boxes, and make their voices heard.” 

The 230-word order said the court doesn’t have jurisdiction over the “State of Arizona,” which was one of two respondents named in the petition, along with Secretary of State Katie Hobbs. And it said questions about the legality of parts of the Elections Procedures Manual – a document created by the Secretary of State that outlines how elections are conducted in the state – can’t be decided “without a factual record.” 

There is no factual record in the case for now, since the GOP skipped trial court and went straight to the Arizona Supreme Court when it filed the petition in February. 

The denial was ordered without prejudice, meaning the case could be refiled in Superior Court.  

Arizona has a long history of early voting, and around eight of every 10 Arizona voters who voted in 2020 did so by mail. In the state’s largest county, Maricopa, that figure was more than nine in 10. 

The case quickly drew support from some Republicans including Sen. Kelly Townsend, R-Mesa, and Trump-endorsed gubernatorial candidate Kari Lake. Republican Attorney General Mark Brnovich filed an amicus brief that didn’t take sides on the legal matter but used the opportunity to suggest the entire Elections Procedures Manual might need to be thrown out. 

But other GOP officials criticized the case. Gov. Doug Ducey described it as “ill-conceived and poorly-crafted.” “It would undo the work of many Republican governors and secretaries of state over the past several decades, and I’m certain the way it’s written it’s destined to fail,” he said. 

Maricopa County Recorder Stephen Richer, a Republican, indicated that the county wasn’t ready for what would happen if they had to roll-out in-person voting for all voters in the county. In Coconino County, the Board of Supervisors wrote in an amicus brief that an end to mail-in voting would invite “electoral chaos.” 

For now, at least, that outcome seems to be off the table. Attorney Alex Kolodin, who filed the case on behalf of the Arizona GOP, didn’t immediately respond to calls and a text message asking if he planned to refile. 

A poll released on Tuesday by GOP consulting firm Highground found that 49% of Arizona Republicans supported getting rid of early voting, while 41% wanted to keep it. Among Democrats, 89% opposed dropping early voting, and 67% of independents also opposed the idea.