Legal actions by the Arizona Republican Party and allied conservative organizations have led to changes in the 2025 Election Procedures Manual (EPM) process in Arizona. The revisions were made after legal challenges to certain sections of Secretary of State Adrian Fontes’ draft manual.
One key revision came after lawsuits filed by the Arizona Free Enterprise Club and America First Policy Institute, which argued that some provisions in the EPM could restrict free speech. Superior Court Judge Jennifer Ryan-Touhill and District Court Judge Michael Liburdi found that these provisions placed unlawful burdens on constitutionally protected speech.
Another significant change resulted from a lawsuit brought by Senate President Warren Petersen and House Speaker Steve Montenegro. This challenge addressed language in the manual that would have allowed state officials to canvass election results without county certifications. Judge Scott Blaney ruled this provision invalid because it posed a risk of disenfranchising voters.
Despite these changes, some issues remain unresolved. One ongoing matter is whether there should be a mandatory 30-day public comment period under the Administrative Procedures Act (APA). Secretary Fontes initially argued that such compliance was not possible, but an appeals court sided with the position held by GOP leaders, affirming the need for public input before finalizing election procedures.
Chairwoman Gina Swoboda commented:
“We are gratified that Secretary Fontes now acknowledges what he previously described in his court briefs as ‘impossible’, and concurs with our position, namely that the EPM requires 30 days of public comment. It is unfortunate but not surprising that the people of Arizona must go through the time and expense of litigation in order to have Secretary Fontes comply with the law. The Secretary should accept the appellate court ruling that the APA applies to the EPM and allow the process to move forward without interruption.”
The Arizona Republican Party has stated its commitment to upholding election integrity, transparency, and accountability for all voters in Arizona.
