Judge Strikes Down Arizona’s Controversial Election Rules and Certification Process

Arizona Secretary of State Adrian Fontes has encountered legal setbacks regarding his revisions to the state’s election manual. A ruling from Maricopa County Superior Court on Thursday determined that Fontes exceeded his authority in implementing several changes to the manual last year.

The court’s decision blocks the enforcement of specific rules, notably one permitting the Secretary of State to certify statewide election results without including results from any county that fails to meet the certification deadline. This particular rule had previously been suspended by a federal judge as part of a different lawsuit led by the America First Policy Institute, which has ties to former President Trump.

Judge Scott 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.”

Fontes’ Elections Procedures Manual received approval from Governor Katie Hobbs and Attorney General Kris Mayes in December 2023. Following the approval, Republican leaders initiated a lawsuit claiming that the new manual’s rules violated state law, prompting Blaney’s recent ruling.

Aside from the rule concerning the certification process, Judge Blaney also invalidated several other provisions in the manual. These include:

• A provision detailing the authority of county supervisors during the election results certification process.
• A rule instructing county recorders to place a voter’s registration in inactive status upon receiving jury questionnaire notifications indicating non-citizenship, contrary to state law that requires cancellation of such registrations.
• A footnote relieving petition circulators of their responsibility to correctly provide their address and contact information during the application process.

However, the court ruled in favor of Fontes regarding the timeline for removing voters from the early voting list. The judge determined that the first removals must occur in 2027 instead of 2025, aligning with new state law.

Officials from Fontes’ office are currently reviewing the ruling and are expected to discuss whether to pursue an appeal.

Senate President Warren Petersen expressed disappointment in the judge’s ruling about the early voting list but characterized the other outcomes as a significant victory for Republican leaders. He stated, “We will continue to do all we can to secure our elections and boost voter confidence.”

This lawsuit is one among several ongoing legal challenges to the 2023 manual, with matters still pending in both federal and state appeals courts. A federal judge is reviewing a case brought by the America First Policy Institute, and a separate judge is considering a lawsuit from the Arizona Free Enterprise Club, which has also halted enforcement of new rules regarding voter intimidation.

Additional lawsuits, including one from the Republican National Committee and the Arizona Republican Party, are still under consideration, contesting various aspects of the Secretary’s manual, including the lack of public comment opportunities.

Reporting by Jen Fifield of Votebeat, an organization dedicated to covering local election integrity and voting access.