PHOENIX — A Maricopa County judge ruled this week that provisions in Arizona’s elections manual, including one requiring statewide election certification without all counties’ vote tallies, are invalid.
Judge Scott Blaney determined that Secretary of State Adrian Fontes exceeded his authority in implementing the 2023 Elections Procedures Manual. The disputed rule allowed statewide certification to proceed even if a county had not certified its ballots.
The ruling came in response to a lawsuit filed by Arizona Senate President Warren Petersen and House Speaker Ben Toma, both Republicans, who argued that Fontes, a Democrat, overstepped his legal boundaries.
The Court’s Decision
Blaney acknowledged the strict timeline for certifying election results but said it did not justify excluding a county’s results.
“Nothing in the statutes permits the Secretary to exclude a particular county’s canvass and/or, by extension, disenfranchise the entirety of the county’s voters,” Blaney wrote.
Reaction to the Ruling
Arizona Republicans celebrated the decision as a victory for election integrity.
“Secretary Fontes attempted to overstep his authority, but the court recognized these actions for what they were — unlawful and unenforceable,” Toma said in a statement.
The Secretary of State’s office is reviewing the ruling.
Background
The decision highlights ongoing tensions surrounding election administration in Arizona. Past refusals by county officials to certify election results have caused delays, and Fontes argued that his rule aimed to address such disruptions. However, the court emphasized adherence to statutory requirements over administrative solutions.
The ruling adds another layer to Arizona’s contentious election landscape, reinforcing the balance of power between the Legislature and the Secretary of State’s office.