Judge Invalidates Parts of Arizona Election Manual, Says Secretary of State Overstepped Authority

Arizona Secretary of State Adrian Fontes in Washington on Sept. 11, 2024. Bonnie Cash/Getty Images

Arizona Secretary of State Adrian Fontes exceeded his authority when he made changes to the state’s election manual in 2023, a Maricopa County Superior Court judge ruled on Dec. 19.

The state may not enforce the now-invalidated provisions of the election manual, including one that would have allowed the secretary of state to canvass election results even if a county had not certified its ballots, Maricopa County Superior Court Judge Scott Blane ruled.

“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,” Blaney wrote in his ruling. “The Secretary does not have the authority to read such a drastic course of action into the governing statutes.”

Other provisions invalidated by the judge included one altering how voter registrations are managed for nonresidents, and another regarding certification procedures.

The judge also blocked another provision regarding the effects of mistaken or incorrect information on a petition circulator’s requirements from going into effect, among others.

A spokesperson for the secretary of state’s office said Fontes is reviewing the ruling.

“We will further explore a legal strategy during the next coming days,” the spokesperson said. “The court has given the plaintiffs until January 10, 2025, to submit their paperwork for judgment and fees, which means an opportunity to appeal hasn’t yet commenced.”

Blane’s ruling was the result of a lawsuit filed by Arizona Senate President Warren Petersen and Speaker of the Arizona House Ben Toma in January alleging that multiple provisions of the election manual, or EPM, violated state law.

Under Arizona law, the secretary of state is required to update the manual each year to ensure election practices are consistent and efficient throughout the state. It is then approved by the attorney general and governor.

“While certain sections of this manual are authorized by statute, scores of the manual’s provisions are not specifically authorized by statute or are in direct conflict with other statutes,” Petersen and Toma wrote in their lawsuit.

Republicans Welcome Ruling

The Republicans accused Fontes, a Democrat, of overstepping his authority and infringed on the legislature’s exclusive lawmaking powers. by updating the EPM rules.

“By issuing instructions to local elections officials throughout Arizona that exceed the scope, nullify or amend an express statutory provision through an EPM rule, the Secretary has exceeded his lawful jurisdiction to prescribe procedures ... and other applicable laws,” they said.

“Because the integrity of Arizona’s elections and faithful adherence to the separation of powers are matters of fundamental importance under our State Constitution, the Secretary’s errors must be remedied.”

Arizona Gov. Katie Hobbs and Attorney General Kris Mayes, both Democrats, had approved the manual update issued in December 2023.

At the time, Fontes argued that the strict deadline he must follow to submit the state’s election results justified the provision allowing him to canvass election results even if a county had not yet certified its ballots.

In his ruling, Blaney agreed with Fontes that a tight deadline must be adhered to but said doing so does not justify excluding a county’s election results.

The judge did, however, side with Fontes regarding a provision establishing a timeline for removing voters from the Active Early Voting List, allowing it to remain in place.

Toma welcomed Blane’s ruling, calling it a “clear victory for the rule of law, the separation of powers, and the integrity of our elections.”

“The Legislature is the lawmaking body of this state, and today’s decision reaffirms that foundational principle,” Toma said in a statement. “Secretary Fontes attempted to overstep his authority, but the court recognized these actions for what they were – unlawful and unenforceable.”

The Associated Press contributed to this report.