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Saturday, November 23, 2024

Petersen files lawsuit against Secretary Fontes over new election procedures manual

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Warren Petersen, Senate President Legislative District 14 | clubforgrowthfoundation.org

Warren Petersen, Senate President Legislative District 14 | clubforgrowthfoundation.org

Senate President Warren Petersen has initiated legal proceedings against Arizona Secretary of State Adrian Fontes, accusing him of attempting to disenfranchise voters and alter state election laws through the Elections Procedures Manual (EPM). Petersen stated, "Both the Secretary and our Governor have a track record of not following the law. As a result, I'm taking action to protect the integrity of our elections." He claims that the EPM undermines measures intended to maintain voter confidence.

House Speaker Ben Toma joined Petersen in filing a lawsuit at the Maricopa County Superior Court. The lawsuit seeks to invalidate several provisions in the EPM that allegedly conflict with existing Arizona election laws. The EPM is designed as a guide for county officials on administering elections according to state law.

The final draft of the EPM was released by Governor Katie Hobbs and Attorney General Kris Mayes in December after a shortened public comment period. This draft included 17 additional pages not previously available for public review. According to Petersen, the manual allows election practices that violate statutes in at least five areas:

1. **Active Early Voter List Effective Date**: The EPM attempts to delay implementing a 2021 law until 2027, which requires removing inactive voters from early voting lists.

2. **Non-Residency on Juror Questionnaire**: It disregards laws requiring cancellation of voter registration if an individual declares non-residency on juror questionnaires.

3. **Investigations of Citizenship Status**: It modifies requirements for investigating suspected non-U.S. citizens on voter rolls, ignoring third-party information even from credible sources like law enforcement.

4. **Validity of Circulator Registrations**: The manual eliminates strict compliance with laws ensuring transparency in signature gathering for ballot measures.

5. **County Canvass**: It permits invalidating votes from an entire county if its board does not certify results, contrary to Arizona law which suggests seeking court intervention instead.

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