Arizona 2023 Election Procedures Manual Challenge (Arizona Free Enterprise Club)

Arizona Free Enterprise Club v. Fontes

Filed: February 9, 2024

Lawsuit filed on behalf of Arizona Free Enterprise Club against Arizona Secretary of State Adrian Fontes (D) challenging Arizona’s 2023 Elections Procedural Manual (EPM). The plaintiff alleges that the 2023 EPM limits free speech because it allows local election officials to prevent outside groups or individuals from observing drop boxes and polling locations in ways that might intimidate or harass voters or election workers. The plaintiff also alleges that 2023 EPM violates the right to free association because it requires political parties to open their primaries to federal-only voters, registered voters without “satisfactory evidence of citizenship”, even if they are not registered state party members. Lastly, the plaintiff argues these provisions violate due process rights because the 2023 EPM includes broad, undefined criminal offenses that can only be enacted by the state legislature, not the secretary of state. The plaintiff argues these provisions violate state law, the U.S. and Arizona Constitution and asks the court to strike them down.

On April 15, 2024, the plaintiffs amended their complaint to add additional claims and include the America First Policy Institute and a voter as plaintiffs.

On June 10, 2024, the court denied pro-voting parties’ motions to intervene.

The trial court held an evidentiary hearing on July 29, 2024. On Aug. 6, 2024, the court temporarily blocked provisions of the EPM that were in place to prevent voter and election worker intimidation.

On Aug. 28, 2024, the judge denied Fontes’ request to pause his ruling while the case is on appeal.

On Sept. 11, 2024, the secretary of state and attorney general asked the Arizona Court of Appeals to stay the trial court’s decision while they appeal the case. Litigation is ongoing. On Sept. 27, 2024, the Arizona Court of Appeals partially granted the stay of trial court’s decision. Some of the previously blocked provisions of the EPM are now reinstated.

On Jan. 14, 2025, the secretary of state and attorney general voluntarily dismissed the appeal.

STATUS: Parties await a final ruling in trial court.