Arizona’s Voter Intimidation Rules Blocked by Court in Pre-Election Twist

Arizona’s effort to curb certain behaviors near polling places and drop boxes has hit a legal snag. A Maricopa County judge ruled that the rules aimed at preventing voter intimidation and harassment are too broad, infringing on free speech rights.

These regulations, some longstanding, include prohibitions against following, photographing, videotaping, or yelling at voters near polling sites. Maricopa County Superior Court Judge Jennifer Ryan-Touhill has temporarily halted the enforcement of these rules until a final court decision is made.

The timing of this ruling is crucial, coming just two months before early voting for the presidential election kicks off. Republican groups have pledged heightened scrutiny over polling activities, with the Republican National Committee even initiating a “Protect the Vote” tour in June to recruit poll watchers, poll workers, and legal representatives.

Secretary of State Adrian Fontes announced plans to appeal the ruling. “While we respect the court’s decision, implementing a preliminary injunction for the general election is too far-reaching,” his office stated.

Judge Ryan-Touhill acknowledged that some regulations around a polling place, such as campaigning or making threats, are permissible. However, she found many of Fontes’s new prohibitions overly restrictive and a violation of free speech. She questioned the interpretation of terms like “harassing manner” and “intimidating manner” without clear definitions.

State law already criminalizes threats or intimidation that deter voting, but the new election manual goes further. Despite the injunction, the Secretary of State’s office clarified that restrictions within the mandatory 75-foot boundary, such as campaigning or taking photos, are still enforceable.

Notably, rules against actions like yelling at voters were part of Arizona’s election procedures manual even before Fontes’s recent updates. The 2019 manual included these prohibitions to address voter intimidation complaints.

Fontes added additional rules following reports of conservative groups monitoring drop boxes during the 2022 midterm elections, leading to complaints of voter harassment. This included instances where drop box watchers were armed and clad in body armor.

The manual’s updates, which include bans on photographing voters and impersonating law enforcement, sparked immediate backlash from Republicans, who argued that several elements were unconstitutional or contradicted state law.

Three separate lawsuits were filed by Republican groups, leading to Tuesday’s ruling. The Arizona Free Enterprise Club, the America First Policy Institute, and a concerned resident spearheaded the case.

Scot Mussi, president of the Arizona Free Enterprise Club, argued that the restrictions were vague and could criminalize non-threatening activities. He expressed concern that unintended interpretations of actions could have serious consequences for their volunteers.