Arizona Judge Halts Election Manual’s ‘Speech Restrictions’

PHOENIX — An Arizona judge has declared specific “speech restrictions” in the state’s elections manual to be “unenforceable.”

Maricopa County Superior Court Judge Jennifer Ryan-Touhill issued a ruling blocking the Arizona Secretary of State’s Office from enforcing provisions aimed at preventing voter intimidation.

The manual outlines prohibitions on certain types of electioneering conduct within 75 feet of polling places. It also details actions considered intimidating, such as following voters to their cars, spreading false information, posting signs about voter fraud penalties, or using offensive language toward voters.

Judge Ryan-Touhill found these restrictions to be “greater than necessary, vague, overbroad” and potentially problematic. “What, for example, constitutes a person communicating about voter fraud in a harassing manner? Or, for that matter, ‘posting’ a sign in an intimidating manner?” she wrote in the August 5 ruling.

The Arizona Secretary of State’s Office intends to appeal the decision. “This changes nothing with regard to existing statutes. It is still illegal to electioneer, take photos, and intimidate voters within the 75-foot limit,” the agency said. “The manual is intended to ensure uniform procedures across the state, maintaining the integrity of our elections and ensuring that all Arizonans can vote freely.”

The ruling followed litigation brought by the Arizona Free Enterprise Club and the America First Policy Institute. In 2023, Secretary Adrian Fontes had modified the state’s elections manual to address an “atmosphere of increased threats and intimidation.”

Prior to Arizona’s 2022 general election, the Secretary of State’s Office reported over a dozen complaints of alleged voter intimidation at ballot drop boxes. The complaints came after an elected official urged vigilantes to monitor drop-off boxes and track individuals they deemed suspicious.