A Maricopa County Superior Court on Monday invalidated key provisions of the embattled 2023 Elections Procedures Manual (EPM) by Secretary of State Adrian Fontes, siding with Arizona House Speaker Ben Toma and Senate President Warren Petersen in their legal challenge, declaring that the Secretary overstepped his authority and infringed on the exclusive lawmaking powers of the Arizona Legislature.
Judge Scott Blaney granted Toma and Petersen’s request for both declaratory and injunctive relief, permanently barring Secretary Fontes from implementing or enforcing several provisions of the EPM.
Following the decision, the Arizona House Speaker celebrated the ruling. “This is a clear victory for the rule of law, the separation of powers, and the integrity of our elections,” he said in a statement. “Secretary Fontes attempted to overstep his authority, but the court recognized these actions for what they were – unlawful and unenforceable.”
Specifically, the court ruled against:
- Non-Residency of Juror Questionnaire Rule: A provision in Chapter 1, Section 9, Subsection C of the EPM that altered the handling of voter registrations for non-residents, which violated Arizona statutes.
The court found that this provision violated Arizona statutes, which clearly define residency as a requirement for voter eligibility. By altering how non-resident voter registrations were to be treated – substituting a “cancelled” voter registration status with a registration status that is simply “inactive” – the provision overstepped the authority of the Secretary of State and violated state law. - Validity of Circulator Registrations Rule: Footnote 58 of Chapter 6, Section 2, Subsection C that excused errors in circulator registrations, undermining strict compliance requirements for initiatives and referendums.
This rule concerned the registration process for circulators, who are individuals responsible for gathering signatures to qualify initiatives and referendums for the ballot. Arizona law requires that circulators be properly registered and follow all prescribed procedures. The provision in question would have allowed errors or discrepancies in circulator registrations to be excused, potentially undermining the integrity of the process. By loosening these requirements, the rule could have enabled initiatives and referendums to move forward even if their circulators were not fully compliant with the law. The court determined that this rule was unlawful because it weakened the standards meant to ensure transparency and accuracy in the process of gathering signatures for ballot measures. - Duty to Canvass Rule: Sections of Chapter 13, Section 2, Subsections A(2) and B(2) that improperly limited the role of county Boards of Supervisors during the canvassing process and allowed the Secretary to exclude county results from the statewide canvass.
The canvassing process involves verifying the election results at the county level and then compiling those results at the state level. In Arizona, the county Boards of Supervisors play a critical role in this process by certifying and reporting election results from their respective counties to the state. The provision at issue in the court case sought to limit the authority of these county boards during the canvassing process. Specifically, it would have allowed the Secretary of State to exclude or bypass county-level results when compiling the statewide results. The court found that this provision improperly undermined the role of the county Boards of Supervisors and violated the law.
Judge Blaney’s decision is seen as a major legal victory for Arizona Republicans, who have argued that the Secretary of State’s attempts to alter election procedures infringed upon legislative authority.
“This is a clear reminder that the Legislature has the final say when it comes to creating and implementing laws in Arizona,” Toma said. “Today’s ruling protects the integrity of our election system and ensures that all Arizonans can have confidence in the fairness and transparency of the process.”
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Christina Botteri is the Executive Editor at The Arizona Sun Times and The Star News Network. Follow her on Twitter / X @christinakb.
Photo “Arizona Sec. State Adrian Fontes” by Gage Skidmore CC2.0.
