In a notable legal determination, the Arizona Court of Appeals has concluded that Secretary of State Adrian Fontes infringed upon state regulations by allowing only 15 days for public commentary on the 2023 Elections Procedures Manual (EPM) when a 30-day period is mandated. This ruling marks a significant win for the Republican National Committee (RNC) and state Republican organizations, who have raised concerns about the manual's adoption.
Arizona Appeals Court Rules Secretary of State Mismanaged Election Manual Comment Period
Arizona Appeals Court Rules Secretary of State Mismanaged Election Manual Comment Period
Arizona Court of Appeals finds legally insufficient public comment period for the 2023 Elections Procedures Manual, ruling in favor of the Republican Party.
Court's Findings
The appeals court established that the EPM falls under the Arizona Administrative Procedure Act (APA), which stipulates a minimum of 30 days for public input on new regulations. By shortening this timeline, Secretary Fontes did not meet the APA's standards for substantial compliance. This decision also overturned an earlier ruling from Maricopa County Superior Court that dismissed the legal complaint, sending the matter back for additional legal proceedings.
Implications for Election Procedures
The EPM provides comprehensive guidance for county election officials, addressing key factors such as voter eligibility, polling place logistical arrangements, and election result certification and auditing processes. With this ruling, there is growing uncertainty regarding which version of the manual will govern upcoming elections in areas such as Tucson. While Secretary Fontes' office argues that the 2023 manual remains active pending an appeal, the Arizona Republican Party insists that counties should revert to the previous 2019 manual until the legal disputes are resolved.
Political Reactions
Arizona Republican Party Chair Gina Swoboda commended the court's verdict, asserting that the public deserves a voice on procedural matters which she believes is more transparent than practices in other states. She highlighted the importance of following legal frameworks when formulating election rules. Conversely, Fontes’ office has expressed discontent with the ruling and plans to seek an appeal to the Arizona Supreme Court, maintaining that the 2023 EPM stands until the appellate ruling takes effect.
Broader Context
This legal case is part of continued disputes regarding the 2023 EPM. In December 2024, a Maricopa County Superior Court judge invalidated key sections of the manual regarding voter registration practices and election result validations, determining that Secretary Fontes overstepped his legal authority. The appellate court's decision emphasizes the critical need for state officials to rigorously comply with procedural mandates in managing election regulations. As this case unfolds, its ramifications are anticipated to significantly affect election administration in Arizona and set precedents for future regulations.
The appeals court established that the EPM falls under the Arizona Administrative Procedure Act (APA), which stipulates a minimum of 30 days for public input on new regulations. By shortening this timeline, Secretary Fontes did not meet the APA's standards for substantial compliance. This decision also overturned an earlier ruling from Maricopa County Superior Court that dismissed the legal complaint, sending the matter back for additional legal proceedings.
Implications for Election Procedures
The EPM provides comprehensive guidance for county election officials, addressing key factors such as voter eligibility, polling place logistical arrangements, and election result certification and auditing processes. With this ruling, there is growing uncertainty regarding which version of the manual will govern upcoming elections in areas such as Tucson. While Secretary Fontes' office argues that the 2023 manual remains active pending an appeal, the Arizona Republican Party insists that counties should revert to the previous 2019 manual until the legal disputes are resolved.
Political Reactions
Arizona Republican Party Chair Gina Swoboda commended the court's verdict, asserting that the public deserves a voice on procedural matters which she believes is more transparent than practices in other states. She highlighted the importance of following legal frameworks when formulating election rules. Conversely, Fontes’ office has expressed discontent with the ruling and plans to seek an appeal to the Arizona Supreme Court, maintaining that the 2023 EPM stands until the appellate ruling takes effect.
Broader Context
This legal case is part of continued disputes regarding the 2023 EPM. In December 2024, a Maricopa County Superior Court judge invalidated key sections of the manual regarding voter registration practices and election result validations, determining that Secretary Fontes overstepped his legal authority. The appellate court's decision emphasizes the critical need for state officials to rigorously comply with procedural mandates in managing election regulations. As this case unfolds, its ramifications are anticipated to significantly affect election administration in Arizona and set precedents for future regulations.
