Arizona GOP Secures Significant Victory Against Fontes’ Election Protocols

By Daniel Stefanski |

Arizona Republicans have achieved a notable legal victory against the state’s elections chief. On Thursday, House Speaker Ben Toma celebrated a ruling from Maricopa County Superior Court, where Judge Scott Blaney found that Secretary of State Adrian Fontes exceeded his authority in drafting the 2023 Elections Procedures Manual (EPM). The Arizona House of Representatives issued a statement confirming that the court upheld Toma and Senate President Warren Petersen’s legal challenge, which emphasized that the Secretary undermined the Legislature’s exclusive power to make laws.

Speaker Toma emphasized the decision’s significance, stating, “This is a clear victory for the rule of law, the separation of powers, and the integrity of our elections.” He asserted that this ruling reinforces the Legislature’s foundational role as the lawmaking body in Arizona, noting that Fontes’ actions were deemed unlawful. Toma expressed pride in protecting the constitutional role of the Legislature and ensuring adherence to established election laws.

Soon after, President Petersen remarked on the ruling, confirming that the judge identified multiple instances where Fontes exceeded his lawful authority. Petersen stressed the need for improved management of voter rolls in the aftermath of the decision.

In an interview with AZ Free News, Petersen expressed disappointment regarding a judge’s delay on one provision but remained optimistic about the overall legal outcomes. He reiterated his commitment to securing elections and fostering public confidence in the electoral process.

Arizona House Republicans reported that the court’s ruling invalidated various stipulations in the EPM, including rules that mismanaged non-resident voter registrations, diminished accountability for circulator registration errors, and limited county Boards of Supervisors’ roles in the canvassing process.

Despite this setback, Secretary Fontes still has a chance to revise the EPM before the next election cycle. He has the backing of Democratic allies, including Governor Katie Hobbs and Attorney General Kris Mayes. Arizona Republicans are keenly watching the next EPM draft, prepared to swiftly challenge any improper provisions to uphold election integrity.

This EPM, which Fontes released just before the December 31, 2023, deadline, marked a shift in Arizona’s political landscape, as Democrats now hold the top three statewide offices for the first time in decades. The implications of this power dynamic include enhanced control over the crafting of election procedures, free from opposition influence, as mandated every two years.

In late January, Toma and Petersen initiated a court challenge against Fontes’ EPM, culminating in this week’s decisive ruling. The previous year, Governor Hobbs highlighted the necessity of a non-partisan approach to election administration, aiming to ensure that elections remain fair and accessible for all Arizonans.

Previously, Hobbs faced challenges while finalizing the EPM in 2021. A shared government with Republican leaders obstructed her efforts to secure approval, resulting in legal battles that ultimately confined the state to the prior manual for the 2022 elections.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.