Arizona Appeals Court Ruling Casts Shadow Over This Year’s Election Instructions

In a significant legal ruling, the Arizona Court of Appeals has determined that Secretary of State Adrian Fontes violated state law by allowing just 15 days for public comment on a draft of his elections rulebook in 2023, instead of the mandated 30 days. The unanimous decision from a three-judge panel, issued on Thursday, overturned a previous dismissal by the Maricopa County Superior Court and sent the case back for further examination.

The ruling raises questions about the guidelines that will govern the upcoming all-mail local elections, including one in Pima County scheduled for this month and others slated for May and November. The contested manual provides essential instructions on managing elections, covering voter eligibility, polling place logistics, and the processes for certifying and auditing results.

Despite the court’s finding, Fontes’ office, which is currently drafting a manual for the 2024 elections, maintains that the 2023 manual remains effective while plans to appeal the ruling are underway, as indicated by spokesperson Aaron Thacker.

The Arizona Republican Party, which initiated the lawsuit alongside the Republican National Committee and the Yavapai County Republican Party, argues that the ruling invalidates the 2023 manual entirely. State GOP Chair Gina Swoboda asserted that counties must adhere to the 2019 manual for the current election cycle. “Our public in Arizona has a right to a voice,” Swoboda emphasized in her remarks.

Fontes’ manual, introduced and approved by the governor and attorney general in December 2023, was applied in running the 2024 elections. Swoboda cautioned against using Thursday’s ruling to dispute outcomes from that election, where Republican Donald Trump secured Arizona and the GOP enhanced its legislative positioning while Democrat Ruben Gallego emerged victorious in the U.S. Senate race.

Notably, the 2023 manual introduced alterations to various election procedures surrounding voter roll management, eligibility criteria, voter intimidation definitions, and the protocols for certifying election results. Changes were instigated by Fontes, alongside Governor Katie Hobbs and Attorney General Kris Mayes, who incorporated additional content into the manual following the truncated public comment phase.

Republican groups have consistently challenged different facets of the new rulebook, leading to various lawsuits in early 2024, some resulting in favorable judgments for the GOP. For instance, the superior court temporarily halted Fontes’ voter intimidation regulations just before the November elections, while another ruling in December concluded that Fontes overstepped his jurisdiction with other rules, including those on election result certifications.

In Thursday’s decision, appellate judges sided with both the national and state GOP’s position that Fontes must comply with the Arizona Administrative Procedure Act, which stipulates a 30-day public comment period for rulemaking. The court, however, refrained from addressing the GOP’s claim that eight of Fontes’ rules conflicted with existing state law.

A new manual for the 2026 elections is anticipated, as Fontes continues to gather input from county officials on draft chapters. According to state law, this manual must secure approval from the attorney general and governor by the end of this calendar year.

This article was originally published by Votebeat, a nonprofit organization focused on local election administration and voting accessibility.