Judge Strikes Down Sections of Arizona Election Manual, Rules Secretary of State Exceeded Authority

December 20, 2024 TruthUSA

A lawsuit was filed by Republicans concerning modifications made by Arizona Secretary of State Adrian Fontes to the election manual in 2023.

On December 19, a Maricopa County Superior Court judge determined that Arizona Secretary of State Adrian Fontes overstepped his authority with his 2023 amendments to the election manual.

Judge Scott Blane ruled that the state cannot enforce the now-invalid provisions of the election manual, which included a stipulation allowing the secretary of state to canvass election results without a county’s certification of its ballots.

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

The judge also invalidated other provisions, including ones that modified the management of voter registrations for nonresidents and adjusted certification processes.

Additionally, he prevented another provision regarding the consequences of incorrect information on a petition circulator’s requirements from being enacted, among others.

A spokesperson for the secretary of state’s office informed The Associated Press that they were reviewing the ruling.

The Epoch Times has reached out to Fontes’s office for further comments.

Blane’s ruling came from a lawsuit initiated by Arizona Senate President Warren Petersen and House Speaker Ben Toma in January, claiming that several provisions of the election manual, known as EPM, breached state law.

According to Arizona law, the secretary of state must annually update the manual to maintain consistent and efficient election practices statewide, with the updates subject to approval 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 stated in their lawsuit.

Republicans Welcome Ruling

The Republicans contended that Fontes, a Democrat, overreached his authority and encroached upon the legislature’s exclusive lawmaking powers through the modifications to 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 asserted.

“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 Governor Katie Hobbs and Attorney General Kris Mayes, both Democrats, had endorsed the manual update released in December 2023.

Fontes at the time defended that the stringent deadline he was bound to for submitting the state’s election results justified the clause permitting him to canvass election results even if a county had not yet certified its ballots.

In his ruling, Blaney acknowledged Fontes’s concerns regarding adhering to a tight deadline but clarified that this does not warrant the exclusion of a county’s election results.

Nevertheless, the judge supported Fontes on a provision that set a timeline for removing voters from the Active Early Voting List, allowing it to remain effective.

Toma praised Blane’s ruling, labeling 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 affirms that foundational principle,” Toma expressed 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.

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