AFEC President Slams Fontes for Attacking 15,000 Activists and Supporters

By Matthew Holloway |

Arizona Secretary of State Adrian Fontes recently criticized the Arizona Free Enterprise Club (AFEC) during discussions with KTAR’s Jim Sharpe and Jayme West. This came in light of a Maricopa County Superior Court ruling that found parts of Fontes’ 2023 Elections Procedures Manual (EPM) unconstitutional. The court’s decision centered on speech restrictions that contradicted the Arizona Constitution, as well as misrepresentations of existing statutes.

Judge Jennifer Ryan-Touhill noted that the EPM improperly merged guidance with legal mandates, leading to confusion about regulations for election workers. Following this, AFEC President Scott Mussi responded, affirming that the club had acted to defend free speech at polling locations.

Fontes accused AFEC of advocating for voter harassment, claiming the group sought to eliminate vital protections from intimidation. He pointed out that his office had included language in the EPM aimed at safeguarding voters and poll workers from being followed or blocked at voting sites. Fontes argued that the club’s actions jeopardized this protective language.

In defense of their lawsuit, Mussi stated that the language in the EPM was excessively broad, infringing on constitutional rights. He emphasized that pre-existing laws already addressed the concerns raised by Fontes regarding voter intimidation and harassment at polling places. Mussi asserted, “The language in the manual cannot rewrite state law.” He called the Secretary’s statements “outrageous” and accused him of maligning AFEC and its supporters.

During the discussion, Fontes attempted to differentiate between constitutional speech and what he termed “unprotected speech” within a designated area around polling locations. West challenged his interpretation, citing that general loudness or offensive speech isn’t inherently electioneering. Their exchange highlighted the complexities surrounding free speech rights during elections.

Fontes emphasized his commitment to ensuring a peaceful voting process, stating that voters should be treated with dignity while standing in line. He pledged to appeal the court’s decision, warning that eliminating certain protections could lead to chaos at the polls. He aimed to protect the rights of all voters, regardless of their location in Arizona.

Following Fontes’ statements, Mussi reiterated that the club does not support voter harassment and criticized Fontes for making claims without basis. Mussi acknowledged that if the provisions in the EPM were worded more clearly and aligned with existing laws, AFEC might not have taken legal action. He reiterated that any necessary electioneering regulations should be distinctly outlined without vagueness.

Mussi maintained that the EPM’s provisions crossed constitutional boundaries, which is why the lawsuit was initiated. Both he and Fontes plan to continue their respective battles, with the looming general election fast approaching. According to concerns raised by the court, the judge described the existing provisions in the EPM as “overbroad” and “unenforceable,” a characterization that has raised alarm within the state’s election framework.

Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.