Home US News Arizona Judge determines Arizona Secretary of State exceeded his powers regarding election manual.

Judge determines Arizona Secretary of State exceeded his powers regarding election manual.

0

PHOENIX — A recent decision made by a judge in Maricopa County has rendered certain parts of Arizona’s elections manual ineffective, specifically a rule that mandated the state secretary of state to canvass election results even if a county had not finalized its ballot certifications.

Judge Scott Blaney of the Maricopa County Superior Court determined that Secretary of State Adrian Fontes overstepped his authority by including this stipulation in the 2023 Elections Procedures Manual, which aimed to ensure that state-level certification of election results could proceed despite the absence of completed tallies from every county.

The secretary of state’s office responded by indicating that they were currently reviewing the judge’s ruling.

Historically, some county officials in Arizona have hesitated or outright refused to certify election results, which has caused significant interruptions in the electoral process. Notably, an official from Cochise County was convicted of a misdemeanor for her role in not certifying the outcomes of the 2022 midterm elections.

Fontes defended the controversial rule by emphasizing the importance of meeting the critical deadlines required for submitting the state’s election results. Although Judge Blaney acknowledged the necessity of adhering to strict timelines, he maintained that this need did not provide justification for omitting the results from specific counties.

Blaney articulated, “Nothing in the statutes permits the Secretary to exclude a particular county’s canvass and/or, by extension, disenfranchise the entirety of the county’s voters. The Secretary does not have the authority to read such a drastic course of action into the governing statutes.”

The contention arose from a lawsuit brought forth by Arizona Senate President Warren Petersen and House Speaker Ben Toma, both Republicans, who accused Democrat Fontes of exceeding his mandate by modifying the rules within the manual. This review process had been backed by Arizona Governor Katie Hobbs and Attorney General Kris Mayes, also Democrats, prior to the manual’s issuance in December 2023.

Republicans across Arizona have hailed the ruling as a significant victory for maintaining the integrity of elections and adherence to legal processes. “Secretary Fontes attempted to overstep his authority, but the court recognized these actions for what they were — unlawful and unenforceable,” Toma remarked in a statement.