Two groups sue, claim Arizona elections manual violates rights

Howard Fischer Jul 10, 2024

PHOENIX — Two groups with ties to Republican interests are charging that new election rules adopted by the Democratic secretary of state interfere with free speech and could disenfranchise many Arizona voters.

The lawsuit filed in federal court here by American Encore and the America First Policy Institute claims what Adrian Fontes put into the Elections Procedures Manual about harassment of voters and election officials is so broad and nebulous that it could criminalize otherwise legal conduct. And that could lead to four months in jail and a $750 fine.

Former Supreme Court Justice Andrew Gould, representing the two groups, said the manual allows election results to be certified even if one or more counties refuses to first do its own certification.

This is more than an academic question. In 2022 Cochise County supervisors balked at doing the canvass, with the two Republicans on the three-member board saying they had questions. It took a court order to get the canvass done.

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