In a pivotal ruling, the Arizona Court of Appeals has deemed Secretary of State Adrian Fontes' actions unlawful regarding the public comment period for the 2023 Elections Procedures Manual (EPM), siding with the Republican National Committee and state party affiliates.
Arizona Court Rules Secretary of State Overstepped Public Comment Period for Election Manual
Arizona Court Rules Secretary of State Overstepped Public Comment Period for Election Manual
Arizona's Court of Appeals confirms Secretary Fontes' violation of the 30-day comment requirement for the 2023 Elections Procedures Manual.
The Arizona Court of Appeals has ruled that Secretary of State Adrian Fontes violated state law by limiting the public comment period for the 2023 Elections Procedures Manual (EPM) to just 15 days, rather than the required 30 days. This significant decision represents a procedural win for the Republican National Committee (RNC), the Arizona Republican Party, and the Yavapai County Republican Party, who collectively challenged the adoption of the manual.
**Court’s Findings**
The appellate court established that the EPM falls under the Arizona Administrative Procedure Act (APA), which mandates a minimum 30-day public comment period for the introduction of new regulations. By reducing this period by half, Secretary Fontes was found to have failed to "substantially comply" with APA requirements. Consequently, the court overturned a previous ruling by the Maricopa County Superior Court that had dismissed the case, allowing for further legal proceedings.
**Implications for Election Procedures**
The EPM acts as an essential reference for county election officials, outlining different protocols involving voter eligibility, polling arrangements, and the procedures for certifying and auditing election results. The ruling introduces ambiguity about which version of the manual will apply for upcoming electoral events, including those in Tucson later this year. Although Secretary Fontes' office insists that the 2023 manual continues to be effective while an appeal is pending, the Arizona Republican Party argues that counties should revert to the guidelines established in the 2019 manual.
**Political Reactions**
Arizona Republican Party Chair Gina Swoboda praised the court’s ruling, emphasizing that Arizonans deserve a voice in election processes that may not be available in other states. She highlighted the necessity of following established legal protocols in the formation of election guidelines. In contrast, Secretary Fontes' office has expressed disagreement with the verdict and plans to appeal to the Arizona Supreme Court, asserting that the 2023 EPM is still valid until the appellate court's opinion takes hold.
**Broader Context**
This ruling is part of a broader legal battle over the 2023 EPM. In December 2024, a Maricopa County Superior Court judge had annulled several provisions within the manual, citing that Secretary Fontes had overstepped his authority. The appellate court's decision reinforces the need for state authorities to comply with procedural requirements when crafting election-related regulations. As the legal matter unfolds, it could profoundly influence the management of elections in Arizona, potentially impacting the development and enforcement of election procedures moving forward.
**Court’s Findings**
The appellate court established that the EPM falls under the Arizona Administrative Procedure Act (APA), which mandates a minimum 30-day public comment period for the introduction of new regulations. By reducing this period by half, Secretary Fontes was found to have failed to "substantially comply" with APA requirements. Consequently, the court overturned a previous ruling by the Maricopa County Superior Court that had dismissed the case, allowing for further legal proceedings.
**Implications for Election Procedures**
The EPM acts as an essential reference for county election officials, outlining different protocols involving voter eligibility, polling arrangements, and the procedures for certifying and auditing election results. The ruling introduces ambiguity about which version of the manual will apply for upcoming electoral events, including those in Tucson later this year. Although Secretary Fontes' office insists that the 2023 manual continues to be effective while an appeal is pending, the Arizona Republican Party argues that counties should revert to the guidelines established in the 2019 manual.
**Political Reactions**
Arizona Republican Party Chair Gina Swoboda praised the court’s ruling, emphasizing that Arizonans deserve a voice in election processes that may not be available in other states. She highlighted the necessity of following established legal protocols in the formation of election guidelines. In contrast, Secretary Fontes' office has expressed disagreement with the verdict and plans to appeal to the Arizona Supreme Court, asserting that the 2023 EPM is still valid until the appellate court's opinion takes hold.
**Broader Context**
This ruling is part of a broader legal battle over the 2023 EPM. In December 2024, a Maricopa County Superior Court judge had annulled several provisions within the manual, citing that Secretary Fontes had overstepped his authority. The appellate court's decision reinforces the need for state authorities to comply with procedural requirements when crafting election-related regulations. As the legal matter unfolds, it could profoundly influence the management of elections in Arizona, potentially impacting the development and enforcement of election procedures moving forward.
