Arizona Court Rules Against Secretary of State in Election Manual Case

The Arizona Court of Appeals has ruled that Secretary of State Adrian Fontes did not comply with state law by limiting public comment on the 2023 Elections Procedures Manual to 15 days instead of the required 30. This ruling serves as a victory for the Republican National Committee and other GOP affiliates who question the validity of the manual's adoption process.

In a landmark decision, the Arizona Court of Appeals criticized Secretary of State Adrian Fontes for not upholding the mandated 30-day public comment period set by the Arizona Administrative Procedure Act (APA) regarding the 2023 Elections Procedures Manual (EPM). The appellate court's finding asserts that Fontes failed to "substantially comply" with procedural requirements, leading to a reversal of Maricopa County Superior Court's earlier dismissal of the case and sending it back for additional proceedings.

The EPM is crucial for governing various election management aspects, including voter eligibility and results certification. With upcoming elections in Tucson and beyond, uncertainty looms over which manual will be applicable. Facing this ruling, Secretary Fontes' office claims the 2023 manual remains in effect while preparing for an appeal to the Arizona Supreme Court, while the Arizona Republican Party advocates for a return to the 2019 manual.

Gina Swoboda, chair of the Arizona Republican Party, lauded the ruling, asserting that Arizona residents deserve an opportunity for public input in electoral processes, distinguishing the state's legal standards from those of others. This decision is just one in a series of ongoing challenges against the 2023 EPM, revealing the critical importance of strict adherence to procedural laws for election regulation. As the legal struggle unfolds, it poses significant implications for Arizona’s election management framework and sets potential precedents for future procedures.