Advocacy Groups Slam Election Manual for Unclear Language on Voter Intimidation

PHOENIX — Two groups with ties to Republican interests are suing Secretary of State Adrian Fontes, alleging that new election rules could infringe on free speech and disenfranchise Arizona voters.

American Encore and the America First Policy Institute argue that the provisions in the Elections Procedures Manual are overly broad, potentially leading to criminalization of legal conduct.

Former Supreme Court Justice Andrew Gould, representing the groups, highlighted concerns such as the certification of election results without full county certifications.

The lawsuit aims to block Fontes from enforcing these rules, emphasizing potential violations of First Amendment rights.

The focus lies on a provision in the manual regarding intimidating behavior towards voters and poll workers, which the groups argue is unconstitutional.

Gould points out the vague nature of terms like “insulting or offensive language,” raising concerns about the restriction’s lack of clarity.

Another contentious issue is the provision’s unrestricted application both inside and outside polling places, regardless of the day or location.

The lawsuit also questions the disenfranchisement of voters in counties that fail to certify results by the deadline.

The situation mirrors a past case involving Cochise County, which faced legal action to compel certification in 2022.

Despite the lawsuit’s claims of unconstitutional restrictions, Fontes has not offered any comments on the matter.

Gould suggests alternative solutions, such as judicial intervention or independent audits, to address concerns without disenfranchising voters.

No hearing date has been set yet as the legal battle continues between the Republican groups and the Democratic secretary of state.

American Encore, known for its support of free enterprise policies, and the America First Policy Institute, aligned with former President Donald Trump, remain steadfast in their challenge against the election rules.

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