Democrats want a say in lawsuits challenging Arizona's election guidelines
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Attempts to derail the state's election guidebook are election interference, state and national Democratic groups argue as they turn to the courts to counter challenges from Republicans and conservatives.
In a series of legal motions, the Democratic National Committee and the state Democratic Party seek to intervene in two of the three lawsuits that challenge all or parts of the state's Election Procedures Manual.
Attorneys for the Democrats predict drastic consequences if the lawsuits succeed in Maricopa County Superior Court.
If the Republicans prevail in their case, it would "cause an immediate and seismic shift in Arizona election law," they wrote in motions filed Monday.
They point out the Republicans want to void all of the manual, which runs more than 300 pages. It provides guidance to county election officials on how to handle the details of election administration, from voter registration to ballot tabulation.
And they argue the lawsuit from the Republican National Committee and the state Republican Party comes just weeks before the first of three statewide elections this year. The Presidential Preference Election is March 19, and ballots have started to go out to voters.
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The Elections Procedures manual provides guidance for county elections directors on the details of election administration. It is intended to interpret the law, not to create new law.
Secretary of State Adrian Fontes issued the manual Dec. 31, after receiving approval from Gov. Katie Hobbs and Attorney General Kris Mayes, all Democrats.
The Democratic attorneys also seek to intervene in a lawsuit filed Feb. 9 by the Free Enterprise Club. That suit claims the manual's provisions that allow county election officials to put limits on activities around ballot drop boxes are unconstitutional because they hamper free-speech rights.
The Democrats argue they need to intervene in the lawsuit to protect voters from intimidation and harassment while casting a ballot. In 2022, observers, some carrying weapons, posted themselves near drop boxes. Other observers tried to question and photograph voters who were dropping off their ballots, leading to complaints of intimidation.
The motion to intervene argues the Free Enterprise Club does not specify any legal violations with the manual's guidelines. Instead, the club and its attorneys say their lawsuit is needed to make the point that drop boxes are being watched and should be watched.
In a statement, the Biden-Harris 2024 campaign attributed the lawsuits to MAGA Republicans.
"Making it more difficult for Arizonans to vote by stripping away protections that keep elections safe and fair is part of their strategy — and their latest attempt to undermine American democracy," the statement read.
Since the beginning of February, critics have filed three lawsuits challenging the legality of the provisions in the manual. They seek court rulings that the manual is unconstitutional and cannot be used to guide 2024 election procedures.
Read: Motions to intervene filed by the Arizona Free Enterprise Club and Republican National Committee
The GOP leaders of the Arizona Legislature sued Fontes in Maricopa County Superior Court earlier this month. They allege that the secretary went beyond providing guidance on how to carry out election laws and was making policy, something that is the lawmakers' duty. Among their complaints: Fontes provided guidance on what to do if a county Board of Supervisors refuses to canvass election results by the deadline set in state law.
The Republican National Committee, joined by the state Republican Party and Yavapai County, complain Fontes is rewriting state election law and argue the entire manual is invalid. Chief among them: Fontes' acknowledgment that citizens who are casting a ballot only for federal offices can vote without providing documents proving their citizenship, although he notes that provision is the subject of an ongoing lawsuit in U.S. District Court. The Republicans argue he must enforce the identification provision even as the lawsuit continues.
The Free Enterprise Club, through the America First Policy Institute, argues the manual's guidance that county election officials can restrict activities around ballot drop boxes is unconstitutional and impairs citizens' rights to free speech.
The lawsuits are pending before three separate judges.
Reach the reporter at maryjo.pitzl@arizonarepublic.com or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter @maryjpitzl.
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This article originally appeared on Arizona Republic: Legal battle looms as Democrats seek to intervene in election lawsuits
