Arizona’s Republican legislative leadership celebrated a court ruling on Thursday that invalidated key provisions of Secretary of State Adrian Fontes’ 2023 Elections Procedures Manual (EPM).
The court sided with Speaker Toma and Senate President Warren Petersen in their legal challenge, declaring that the Secretary overstepped his authority and infringed on the Legislature’s exclusive lawmaking powers.
The Superior Court’s ruling invalidated multiple provisions in the EPM, including:
- A rule altering how voter registrations are managed for non-residents, in violation of Arizona statutes.
- A rule excusing errors in circulator registrations, undermining strict compliance requirements for initiatives and referendums.
- A rule limiting the role of county Boards of Supervisors during the canvassing process and improperly allowing the Secretary to exclude county results from the statewide canvass.
“Today’s ruling is a huge win for the rule of law and election integrity in Arizona,” said incoming Speaker of the House Steve Montenegro.
“This is a clear victory for the rule of law, the separation of powers, and the integrity of our elections,” said Toma. “The Legislature is the lawmaking body of this state, and today’s decision reaffirms that foundational principle. Secretary Fontes attempted to overstep his authority, but the court recognized these actions for what they were – unlawful and unenforceable. I am proud to have led this fight to protect the constitutional role of the Legislature and to ensure that Arizona’s election laws are upheld as written. It’s a win for all Arizonans who value fair, transparent, and accountable election policies.”
“These EPM provisions completely infringed on the legislative branch,” said AZGOP chair and election expert for the Senate Gina Swaboda. “The Executive branch does not make law.”
