The Arizona Court of Appeals has sided with the Republican National Committee regarding the public comment period for the 2023 Elections Procedures Manual, prompting potential changes ahead of upcoming local elections.
Arizona Court of Appeals Rules Against Elections Procedures Manual's Short Comment Period
Arizona Court of Appeals Rules Against Elections Procedures Manual's Short Comment Period
The court finds Secretary of State Adrian Fontes violated state law by limiting public comment on the 2023 EPM.
In a significant legal development, the Arizona Court of Appeals has determined that Secretary of State Adrian Fontes breached state law by providing only 15 days for public comment on the 2023 Elections Procedures Manual (EPM), instead of the mandated 30 days. This ruling marks a procedural victory for the Republican National Committee (RNC), the Arizona Republican Party, and the Yavapai County Republican Party, who collectively challenged the manual’s adoption process.
The appellate court concluded that the EPM is subject to the Arizona Administrative Procedure Act (APA), which requires a minimum 30-day public comment period for new regulations. By offering only half that time, Secretary Fontes failed to “substantially comply” with the APA’s provisions. The court reversed a previous decision by the Maricopa County Superior Court that had dismissed the lawsuit, sending the case back for further proceedings.
The EPM serves as a comprehensive guide for county election officials, detailing procedures on voter eligibility, polling place setup, and the certification and auditing of results. The court’s ruling casts uncertainty over which version of the manual will govern upcoming local elections, including those scheduled in Tucson and other areas later this year. While Secretary Fontes’ office maintains that the 2023 manual remains in effect pending appeal, the Arizona Republican Party contends that counties should revert to the 2019 manual.
Arizona Republican Party Chair Gina Swoboda praised the court’s decision, stating, “Our public in Arizona has a right to a voice on most processes that doesn’t exist in other states.” She emphasized the importance of adhering to established legal procedures in the development of election guidelines.
Secretary Fontes’ office has expressed disagreement with the ruling and plans to appeal to the Arizona Supreme Court. A spokesperson indicated that the office believes the 2023 EPM remains valid until the appellate court’s opinion takes effect.
This case is part of a series of legal challenges concerning the 2023 EPM. In December 2024, a Maricopa County Superior Court judge invalidated several provisions of the manual, including rules related to voter registration management and the certification of election results, finding that Secretary Fontes exceeded his authority.
The appellate court’s decision underscores the necessity for state officials to adhere strictly to procedural requirements when implementing election-related regulations. As the case progresses, it will have significant implications for the administration of elections in Arizona and could influence how election procedures are developed and enforced in the future.
The appellate court concluded that the EPM is subject to the Arizona Administrative Procedure Act (APA), which requires a minimum 30-day public comment period for new regulations. By offering only half that time, Secretary Fontes failed to “substantially comply” with the APA’s provisions. The court reversed a previous decision by the Maricopa County Superior Court that had dismissed the lawsuit, sending the case back for further proceedings.
The EPM serves as a comprehensive guide for county election officials, detailing procedures on voter eligibility, polling place setup, and the certification and auditing of results. The court’s ruling casts uncertainty over which version of the manual will govern upcoming local elections, including those scheduled in Tucson and other areas later this year. While Secretary Fontes’ office maintains that the 2023 manual remains in effect pending appeal, the Arizona Republican Party contends that counties should revert to the 2019 manual.
Arizona Republican Party Chair Gina Swoboda praised the court’s decision, stating, “Our public in Arizona has a right to a voice on most processes that doesn’t exist in other states.” She emphasized the importance of adhering to established legal procedures in the development of election guidelines.
Secretary Fontes’ office has expressed disagreement with the ruling and plans to appeal to the Arizona Supreme Court. A spokesperson indicated that the office believes the 2023 EPM remains valid until the appellate court’s opinion takes effect.
This case is part of a series of legal challenges concerning the 2023 EPM. In December 2024, a Maricopa County Superior Court judge invalidated several provisions of the manual, including rules related to voter registration management and the certification of election results, finding that Secretary Fontes exceeded his authority.
The appellate court’s decision underscores the necessity for state officials to adhere strictly to procedural requirements when implementing election-related regulations. As the case progresses, it will have significant implications for the administration of elections in Arizona and could influence how election procedures are developed and enforced in the future.
