PHOENIX — A recent decision by a Maricopa County judge has rendered several sections of Arizona’s elections manual void, notably a provision that mandated the secretary of state to canvass election results regardless of whether a county had completed its ballot certification.
Judge Scott Blaney of the Maricopa County Superior Court determined that Arizona Secretary of State Adrian Fontes overstepped his bounds when he implemented this rule in the 2023 Elections Procedures Manual. This regulation insisted that the comprehensive certification of statewide election results should continue even without the vote totals being submitted from each county across Arizona.
A representative from the secretary of state’s office indicated that they are currently reviewing the implications of the judge’s ruling.
Historically, Arizona counties have sometimes declined to certify their election results, which has led to complications and disruptions in the electoral process. For instance, in October, a Cochise County official was convicted of a misdemeanor after refusing to verify the results of the 2022 midterm elections.
Fontes asserted that the need to meet strict deadlines for submitting the state’s election results was a justification for enacting such a rule. While Judge Blaney acknowledged the importance of adhering to these deadlines, he maintained that this should not permit the exclusion of any county’s election results.
“Nothing in the statutes allows the Secretary to disregard the canvass of a particular county or disenfranchise its voters,” Blaney noted. “The Secretary cannot interpret the governing laws to allow for such a significant decision.”
The legal action was initiated by Arizona Senate President Warren Petersen and House Speaker Ben Toma, both Republicans, who accused Fontes of exceeding his authority by revising rules in the elections manual. The updated manual, approved by Arizona Governor Katie Hobbs and Attorney General Kris Mayes, both Democrats, was published in December 2023.
Arizona Republicans hailed the court’s ruling as a victory for maintaining the rule of law and ensuring the integrity of elections.
“Secretary Fontes attempted to exceed his authority, but the court acknowledged these moves for what they truly were — unlawful and unenforceable,” Toma stated in his response to the judgment.
