Arizona Court of Appeals Ruling Marks Setback for Election Procedures Manual

The Arizona Court of Appeals has determined that Secretary of State Adrian Fontes breached state law by providing just 15 days for public comment on the 2023 Elections Procedures Manual, instead of the required 30 days. This ruling has significant implications for the administration of future elections in Arizona and reflects ongoing political tensions surrounding election regulations.

In a notable legal triumph for Republican groups, the Arizona Court of Appeals has ruled that Secretary of State Adrian Fontes breached state law by limiting the public comment period for the 2023 Elections Procedures Manual (EPM) to just 15 days instead of the legally required 30 days. This decision marks a procedural victory for the Republican National Committee (RNC), alongside the Arizona Republican Party and the Yavapai County Republican Party, who opposed how the manual was adopted.

**Court’s Findings**
The appellate court determined that the EPM is governed by the Arizona Administrative Procedure Act (APA), which mandates a minimum 30-day public comment period for new regulations. By permitting only 15 days, Secretary Fontes was found to have failed to "substantially comply" with the APA's provisions. Consequently, the court overturned a prior decision by the Maricopa County Superior Court that had dismissed the lawsuit, remanding the case for further examination.

**Implications for Election Procedures**
The EPM serves as an essential guide for county election officials, outlining procedures regarding voter eligibility, polling place arrangements, and result certification and auditing. The ruling raises questions about which version of the manual will apply for upcoming local elections, including those scheduled in Tucson later this year. Secretary Fontes’ office insists that the 2023 manual remains valid while an appeal is ongoing, whereas the Arizona Republican Party argues that counties should revert to the 2019 manual.

**Political Reactions**
The court's decision was welcomed by Arizona Republican Party Chair Gina Swoboda, who asserted that the public in Arizona deserves a voice in most processes, distinguishing it from practices in other states. She highlighted the critical need for adherence to legal procedures in shaping election guidelines. In contrast, Secretary Fontes' office expressed disagreement with the ruling and is preparing to appeal to the Arizona Supreme Court. A spokesperson noted that they believe the 2023 EPM status is valid until the appellate court's opinion is formalized.

**Broader Context**
This legal conflict is part of a wider series of challenges regarding the 2023 EPM. Notably, a Maricopa County Superior Court judge had previously voided several of the manual's provisions in December 2024, stating that Fontes overstepped his authority on issues regarding voter registration management and election result certification. The appellate court's latest decision highlights the critical importance of state officials adhering rigorously to procedural norms when enacting election regulations. As the case evolves, it could substantially influence the management of elections in Arizona and shape future election procedure development and enforcement.