Arizona Republican lawmakers demanded that Secretary of State Adrian Fontes publish all public comments on the 2023 Election Procedure Manual on the Arizona Secretary of State’s website to demonstrate his commitment to transparency.
This follows State Representatives Steve Montenegro (R-Goodyear) and Michael Carbone (R-Buckeye) requesting that Fontes extend the “extremely short” deadline for public comment on the 259-page manual, which he refused.
Fontes released the manual draft on August 1st and set the deadline for August 15th, even though he does not have to produce it to Governor Katie Hobbs or Attorney General Kris Mayes until October 1st.
Montenegro (pictured above, right) and Carbone (pictured above, left) responded to Fontes’ refusal on Tuesday by calling for accountability and transparency in the state’s elections process and for immediate action to rectify concerns over the draft.
According to the lawmakers, although disappointed that Fontes did not extend the public comment deadline, he needs to publish all public comments on the secretary of state’s website to create an open dialogue and demonstrate transparency.
“We are disappointed to learn that you have declined to extend the 14-day public comment period for the draft 2023 Elections Procedures Manual until the end of the month. An extension of the deadline would have provided all stakeholders more time to review your office’s lengthy draft and submit suggested edits designed to ensure that the Elections Procedures Manual complies with Arizona’s laws. Please confirm that you intend to electronically publish all comments on your office’s website to facilitate the continued dialogue on this matter of public concern. Communication and transparency are critical to rebuilding the public’s trust in your office,” the lawmakers said.
Arizona Revised Statute 16-452 permits the Arizona Secretary of State to create an Elections Procedure Manual every odd year before the general election. The Elections Procedure Manual gives election officials across the state direction compatible with the law and statutes. Despite state law requiring the Secretary of State to update the Elections Procedure Manual every two years, the administration of Arizona’s 2022 elections used the 2019 Elections Procedure Manual.
Additionally, Montenegro and Carbone cite specific legal errors identified in the draft Elections Procedures Manual and request that Fontes swiftly correct them, including deleting Chapter 1 of the manual, since Arizona law does not authorize the Secretary of State to regulate voter registration processes.
“As you know, many legal errors have already been identified in the current draft 2023 Elections Procedures Manual. For example, the draft unlawfully directs county officials to provide instructions to voters that contradict Arizona Revised Statute 16-610 and 611, purports to establish new crimes not found in Ariona’s Criminal Code, and gratuitously opines on a county’s statutory authority to conduct hand county audits. Chapter 1 of the draft Election Procedures Manual should be deleted in its entirety because Arizona law does not authorize you to regulate voter registration processes,” the lawmakers said.
This follows State Senate President Warren Petersen (R-Gilbert), accompanied by Speaker of the House Ben Toma (R-Peoria), issuing a statement on Monday threatening legal action if Fontes does not correct “notable errors” in the manual.
The Arizona Sun Times reached out to Carbone, Montenegro, and Fontes for additional comment but did not receive a reply before press time.
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Hannah Poling is a lead reporter at The Ohio Star, The Star News Network, and The Arizona Sun Times. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Background Photo “Arizona Capitol” by Gage Skidmore. CC BY-SA 2.0.
