Arizona Court Blocks State Election Rules on Certification, Voter Registration
Republican legislators’ attempt to upend election administration in Arizona prevailed after a court blocked part of the state’s 2023 Election Procedures Manual (EPM), which sets rules for how elections are run.
Judge Scott A. Blaney ruled that Arizona Secretary of State Adrian Fontes (D) exceeded his authority in promulgating three of the four provisions under deliberation. Blaney blocked provisions dealing with voter registration removal, certification procedures, and petition circulator requirements. He allowed a provision establishing a timeline for removing voters from the Active Early Voting List (AEVL) to remain in place.
Arizona Senate President Warren Petersen (R) and Speaker of the Arizona House Ben Toma (R) filed the lawsuit in late January arguing certain provisions of the 2023 EPM violated Arizona law and the state constitution.
Blaney’s order requires election officials to cancel voter registration for individuals who say they are nonresidents on jury questionnaires and disqualify petition circulators for mistakes or inconsistencies when applying to be a circulator.
More importantly, the order invalidates a controversial provision that would have allowed Fontes to exclude votes from entire counties and move forward with a statewide canvass if a county refused to certify election results by the deadline. Blaney also found issue with the EPM prohibiting county election officials from changing vote totals, rejecting results or delaying certification, writing that Fontes exceeded his authority in interpreting election law to specifically restrict these activities.
The court did reject one argument from the Republican lawmakers to move up the effective date for removing voters from the AEVL. The plaintiffs argued that the EPM conflicted with state law in setting the first removal notices to be sent by 2027 if a voter on the AEVL failed to vote in two consecutive elections. Blaney denied the Republicans’ request to move up the deadline to 2025.
While election season is over, the ruling may impact the 2025 EPM, which will set rules for the 2026 midterm elections.