Republican leaders sue over Arizona election procedures 7 weeks before first statewide vote

Less than two months before Arizona's first statewide election of 2024, Republican leaders of the Legislature are asking a judge to block provisions of the manual that guides election administration.

The leaders allege Secretary of State Adrian Fontes exceeded his authority to create procedures and strayed into creating policy when his office issued the Elections Procedures Manual at the end of last year.

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The manual, often called the "Election Bible," provides guidance to county elections officials on all aspects of running an election, from voter registration to the canvassing of election results.

House Speaker Ben Toma, R-Glendale, and Senate President Warren Petersen, R-Gilbert, outlined in their complaint five specific provisions of the manual that they argue clash with state law. They charge Fontes has selectively pulled guidance from court rulings, "which will inevitably lead to confusion among election officials."

Fontes' office said it is preparing a legal response to the complaint. It defended the manual, which was created after input from elections officials statewide and the public.

"Secretary Fontes is prepared to defend the EPM that was created to provide uniformity and clarity for elections officials, so they can administer free and fair elections for the people of Arizona," communications director Aaron Thacker said in a statement.

The lawsuit details the following issues:

• The date when voters who fail to vote in two consecutive general elections can be removed from a list that automatically mails a ballot to a voter. The manual says the clock starts ticking after the 2026 election cycle. But the lawmakers argue since the bill that converted the Permanent Early Voting List to the Active Early Voting List was passed in 2022, the trigger should trip after the 2024 election cycle.

• Whether there is discretion to remove a person from the voter rolls if they have signed a juror document that they are not a resident of Arizona. The manual says such notification would put the individual on inactive voting status, which would allow time for the voter to show proof of Arizona residency. But the lawmakers point to a state law that says a notification of nonresidency requires cancellation of the voter's registration.

• Whether elections officials should cancel voter registration if they receive third-party information that a person is not a U.S. citizen. The manual says that outside information is not sufficient to take someone off the voter rolls. The lawmakers point to a state law that says elections officials must do so if they "reasonably believe" the individual is a noncitizen and third-party information can help create that reasonable belief.

• The validity of a petition circulator's contact information. The manual removes the "strict compliance" required in the law for circulators. The lawmakers argue this on its face is a violation of law.

• What to do if a county board of supervisors refuses to canvass election results by the required deadline. This addresses a situation that arose in 2022 in Cochise County, where two of the three county supervisors refused to canvass results. They ultimately were compelled to by a court order.

The manual says supervisors cannot refuse to turn in election results, but if they do, the secretary of state is required to exclude the noncompliant county from the statewide canvass. Lawmakers argue this oversteps the secretary's authority and would result in disenfranchising the vote of an entire county.

The legislative leaders' lawsuit was filed in Maricopa County Superior Court. In addition to seeking an injunction blocking portions of the manual from taking effect, legislative leaders are seeking attorney fees and court costs.

March 19 is Arizona's Presidential Preference Election.

'Election Bible': Arizona gets its first updated election manual in 4 years

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.

This article originally appeared on Arizona Republic: GOP lawmakers ask court to intervene in AZ election administration