State of Arizona

Arizona 2023 Election Procedures Manual Challenge (American First Policy Institute)

American Encore v. Fontes

Lawsuit filed by America First Policy Institute, American Encore and a voter against Arizona Secretary of State Adrian Fontes (D), Arizona Attorney General Kris Mayes (D) and Arizona Governor Katie Hobbs (D) challenging two provisions of the 2023 Election Procedures Manual (EPM). The “Vote Nullification Provision” of the EPM allows the secretary of state to conduct a vote canvass and certify statewide election results when local officials refuse to do so. The plaintiffs argue this violates the 14th Amendment of the U.S. Constitution because it leaves out votes lawfully cast by eligible voters. The “Speech Restriction Provision” of the EPM prohibits political activity that could intimidate voters inside or outside 75 feet of any polling location. The plaintiffs argue that this provision is unconstitutional because the EPM allows individuals to be prosecuted for political speech that would be legal anywhere else, violating the First and 14th Amendments. The plaintiffs ask the court to strike down these provisions of the EPM, block Fontes and Mayes from enforcing them and direct the defendants to implement a new, compliant EPM. 

STATUS: The plaintiffs filed their lawsuit on July 8, 2024. Arizona has not responded yet.

Case Documents

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