Amid Federal Ruling, Arizona Maintains Authority to Ensure Counties Certify Election Outcomes

A federal judge has intervened to block an Arizona rule intended to expedite the certification of election results. The ruling by U.S. District Court Judge Michael Liburdi stipulates that the state cannot disregard election results from a county simply because local officials choose not to certify them.

Secretary of State Adrian Fontes recently included this controversial rule in Arizona’s Election Procedures Manual, which would have allowed him to proceed with statewide certification without the results from any dissenting counties. Following legal challenges from conservative factions, the judge asserted that the Fontes admin failed to demonstrate a necessity for such a rule, given the legal options available to ensure timely and inclusive election results.

Liburdi detailed alternative methods that could ensure all votes are accounted for, highlighting that Fontes could pursue immediate court action against county supervisors who refuse to certify or even file criminal charges against them—precedents set during the 2022 elections.

A spokesperson for Fontes’ office has indicated that they are currently assessing the ruling and contemplating an appeal. The implications of this ruling resonate particularly due to past instances where counties delayed certification, such as the 2022 midterm elections, where two Republican supervisors in Cochise County faced felony charges for their actions.

In several right-leaning counties, discussions regarding refusal to certify have risen amid partisan pressures. The recent rule added by Fontes, however, aimed to enable the state to certify election results in cases where local boards might fail in their duty.

Fontes characterized this rule as a measure of last resort. His office previously asserted the intent to leverage all legal tools to ensure every valid vote is included before resorting to the controversial new rule.

The Election Procedures Manual serves as crucial guidance for county officials in navigating state election laws. Following the midterm elections, Fontes revised the manual to incorporate updates on contentious matters such as ballot counting and result certification, with formal endorsements from Governor Katie Hobbs and Attorney General Kris Mayes.

The legal landscape remains fraught. Other conservative groups previously engaged in state court actions against the new rules, particularly those allowing for the exclusion of certain county results. A recent federal lawsuit by groups aligned with former President Trump has added further complexity, challenging guidelines perceived to be voter intimidating.

On Friday, Judge Liburdi likened the rule’s potential implications to a “nuclear weapon” that could threaten voter participation. He criticized the state’s approach of prioritizing finality over accuracy, lamenting the danger of disenfranchising voters in the quest for expedited results.

Liburdi acknowledged alternative proposals from the America First Policy Institute, which suggested measures to ensure timely certification while safeguarding voter participation. He concluded that these alternatives could achieve timely certification, reinforcing inclusivity in the electoral process.