In a landmark ruling, the Arizona Court of Appeals has decided that Secretary of State Adrian Fontes did not comply with state law by allowing only 15 days for public comment on the 2023 Elections Procedures Manual, rather than the required 30 days.
Arizona Court of Appeals Rules Secretary of State Violated Election Procedures Manual Regulations
Arizona Court of Appeals Rules Secretary of State Violated Election Procedures Manual Regulations
Court finds Secretary Adrian Fontes failed to meet mandatory public comment period, affecting upcoming elections.
In a significant legal development, the Arizona Court of Appeals found that Secretary of State Adrian Fontes violated state law by providing just 15 days for public comments on the 2023 Elections Procedures Manual (EPM), instead of the legally required 30 days. This ruling represents a procedural win for the Republican National Committee (RNC), along with the Arizona Republican Party and the Yavapai County Republican Party, who collectively raised concerns over the manual's adoption process.
The appellate court stated that the EPM must adhere to the Arizona Administrative Procedure Act (APA), which enforces a minimum of 30 days for public comments regarding new regulations. By only allowing half this time, Secretary Fontes did not “substantially comply” with the APA’s stipulations. The court's decision overturned an earlier ruling from the Maricopa County Superior Court, favoring the lawsuit and sending the matter back for further legal processes.
The EPM is critical as it provides comprehensive directions for county election officials on various aspects, including voter eligibility and the certification and auditing processes of election results. This court ruling raises questions regarding which version of the manual will apply to upcoming elections in Tucson and other jurisdictions later this year. While Secretary Fontes’ office asserts that the 2023 manual remains effective until the appeal is resolved, the Arizona Republican Party suggests that counties should revert back to the 2019 manual.
In response to the ruling, Arizona Republican Party Chair Gina Swoboda celebrated the court’s stance, insisting that the public in Arizona deserves to have a say in election processes that are not guaranteed in other states. She stressed the necessity of following established legal protocols for the creation of election guidelines.
Conversely, Secretary Fontes’ office expressed its disagreement with the ruling and intends to appeal to the Arizona Supreme Court. A spokesperson indicated confidence in the validity of the 2023 EPM, which they believe remains in force until the appellate court's opinion is officially enacted.
This case forms part of a broader wave of legal challenges surrounding the 2023 EPM. In December 2024, a Maricopa County Superior Court judge had already invalidated several provisions of the manual, stating that Secretary Fontes overstepped his authority in certain areas, including voter registration management and election results certification.
The appellate court's verdict highlights the crucial need for state officials to strictly observe procedural guidelines when implementing election-related regulations. The ongoing proceedings promise significant implications for the conduct and administration of elections in Arizona, potentially reshaping the future framework for developing and enforcing such procedures.
The appellate court stated that the EPM must adhere to the Arizona Administrative Procedure Act (APA), which enforces a minimum of 30 days for public comments regarding new regulations. By only allowing half this time, Secretary Fontes did not “substantially comply” with the APA’s stipulations. The court's decision overturned an earlier ruling from the Maricopa County Superior Court, favoring the lawsuit and sending the matter back for further legal processes.
The EPM is critical as it provides comprehensive directions for county election officials on various aspects, including voter eligibility and the certification and auditing processes of election results. This court ruling raises questions regarding which version of the manual will apply to upcoming elections in Tucson and other jurisdictions later this year. While Secretary Fontes’ office asserts that the 2023 manual remains effective until the appeal is resolved, the Arizona Republican Party suggests that counties should revert back to the 2019 manual.
In response to the ruling, Arizona Republican Party Chair Gina Swoboda celebrated the court’s stance, insisting that the public in Arizona deserves to have a say in election processes that are not guaranteed in other states. She stressed the necessity of following established legal protocols for the creation of election guidelines.
Conversely, Secretary Fontes’ office expressed its disagreement with the ruling and intends to appeal to the Arizona Supreme Court. A spokesperson indicated confidence in the validity of the 2023 EPM, which they believe remains in force until the appellate court's opinion is officially enacted.
This case forms part of a broader wave of legal challenges surrounding the 2023 EPM. In December 2024, a Maricopa County Superior Court judge had already invalidated several provisions of the manual, stating that Secretary Fontes overstepped his authority in certain areas, including voter registration management and election results certification.
The appellate court's verdict highlights the crucial need for state officials to strictly observe procedural guidelines when implementing election-related regulations. The ongoing proceedings promise significant implications for the conduct and administration of elections in Arizona, potentially reshaping the future framework for developing and enforcing such procedures.
