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Sunday, December 22, 2024

Rep. Montenegro: Court ruling against Fontes on EPM a 'huge win for the rule of law and election integrity in Arizona'

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Newly-elected AZ Speaker of the House Steve Montenegro | Rep. Steve Montenegro

Newly-elected AZ Speaker of the House Steve Montenegro | Rep. Steve Montenegro

Arizona State Representative Steve Montenegro celebrated a recent court victory that invalidated specific sections of the state's Elections Procedures Manual (EPM). The lawsuit, brought by Arizona House Republicans against Secretary of State Adrian Fontes, argued that portions of the manual exceeded his authority and encroached on the Legislature's constitutional lawmaking powers.

“The Arizona House Republicans just won its lawsuit against Secretary Fontes challenging sections of the Elections Procedures Manual,” Montenegro wrote in a Dec. 19 social media post on X. “The court declared those EPM sections invalid because Fontes infringed on the Legislature’s lawmaking authority. Today’s ruling is a huge win for the rule of law and election integrity in Arizona.”

The Superior Court of Arizona in Maricopa County ruled on case CV 2024-001942, finding that several provisions of the manual violated legislative authority. These included rules concerning non-residency requirements for juror questionnaires, restrictions on the validity of circulator registrations, and certain duties related to canvassing election results. The court permanently enjoined the Secretary of State from enforcing these sections.

According to a copy of the court order, the court granted partial declaratory and injunctive relief to the plaintiffs while declining to address other arguments it found unpersuasive or moot. The ruling also directed the plaintiffs to prepare a formal judgment by January 10, 2025, and outlined a timeline for applications regarding attorney’s fees and taxable costs.

Montenegro was first elected to the Arizona House in 2008, representing District 12. He served until 2016 and then served one term in the Arizona Senate for District 13 from 2017 to 2018. In 2022, Montenegro was elected again to the Arizona House, representing District 29.negro's post was a copy of the court order.

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