Judge Halts Controversial Arizona Election Rules, Challenging Result Certification Process

Arizona Secretary of State Adrian Fontes has been ruled to have exceeded his authority in multiple instances when updating the state’s election manual last year. A ruling from Maricopa County Superior Court Judge Scott Blaney on Thursday will block the enforcement of specific rules that were part of the updated manual.

One significant provision prohibited Fontes from finalizing statewide election results without including all county results, particularly if a specific county failed to meet certification deadlines. This regulation had already been suspended by a federal judge as part of a lawsuit initiated by the America First Policy Institute in July.

Judge Blaney stated, “Nothing in the statutes permits the Secretary to exclude a particular county’s canvass and/or, by extension, disenfranchise the entirety of the county’s voters.” The Elections Procedures Manual, which was approved in December 2023 by Governor Katie Hobbs and Attorney General Kris Mayes, faced legal challenges from Republican legislative leaders who asserted that certain rules violated state law.

In addition to the aforementioned ruling, Judge Blaney voided other regulations in the manual, including:

• The authority of county supervisors in certifying election results.
• A rule allowing county recorders to place a voter’s registration in inactive status upon receiving a jury questionnaire indicating non-citizenship, contrary to state law which requires cancellation of registration.
• A footnote exempting petition circulators from listing their address and contact information when applying to the Secretary of State.

However, Blaney upheld a provision concerning the timing of a new state law requiring county recorders to remove voters from the early voting list if those voters fail to vote by mail for two consecutive election cycles. The judge ruled that the first removals will occur in 2027, rather than 2025, as initially suggested.

Fontes’ office is reviewing the ruling and is considering whether to appeal, according to a spokesperson. Senate President Warren Petersen expressed disappointment regarding the removals from the early voting list but acknowledged the ruling as a significant win for Republican leaders.

Petersen stated, “We will continue to do all we can to secure our elections and boost voter confidence.” This lawsuit marks just one of several legal challenges related to the 2023 manual, with many still pending in state and federal courts.

Related cases are also scrutinizing new rules about voter intimidation, which were temporarily halted by federal and state judges. One ongoing lawsuit, filed by the Republican National Committee and the Arizona Republican Party, alleges insufficient public comment opportunities on the manual.

Jen Fifield is a reporter for Votebeat based in Arizona. For further inquiries, contact Jen directly at [email protected].