State of Arizona

Arizona 2023 Election Procedures Manual Challenge (Arizona Free Enterprise Club)

Arizona Free Enterprise Club v. Fontes

Lawsuit filed on behalf of Arizona Free Enterprise Club against Arizona Secretary of State Adrian Fontes (D) challenging Arizona’s 2023 Elections Procedural Manual (EPM). The plaintiff alleges that the 2023 EPM limits free speech because it allows local election officials to prevent outside groups or individuals from observing drop boxes and polling locations in ways that might intimidate or harass voters or election workers. The plaintiff also alleges that 2023 EPM violates the right to free association because it requires political parties to open their primaries to federal-only voters, registered voters without “satisfactory evidence of citizenship”, even if they are not registered state party members.  Lastly, the plaintiff argues these provisions violate due process rights because the 2023 EPM includes broad, undefined criminal offenses that can only be enacted by the state legislature, not the secretary of state. The plaintiff argues these provisions violate state law, the U.S. and Arizona Constitution and asks the court to strike them down.

On April 15 2024, the plaintiffs amended their complaint to add additional claims and include the America First Policy Institute and a voter as plaintiffs.

STATUS: Litigation is ongoing in the trial court. On June 10, the court denied pro-voting parties’ motions to intervene.

Case Documents

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