State of Arizona

Arizona 2023 Election Procedures Manual Challenge (Petersen)

Petersen v. Fontes

Lawsuit filed on behalf of Arizona Senate President Warren Petersen (R) and Speaker of the Arizona House Ben Toma (R) against Secretary of State Adrian Fontes (D) challenging Arizona’s 2023 Election Procedures Manual (EPM). The plaintiffs allege that provisions of the 2023 EPM that pertain to Arizona’s Active Early Voting List, voter registration cancellation, petition circulator requirements (for a person who gathers signatures for candidate petitions or ballot initiatives), certifying elections and interpretations of ongoing legal proceedings conflict with Arizona law and the Arizona Constitution. The plaintiffs request that the court block these provisions. 

Pro-voting groups filed motions to intervene to defend the EPM.

A hearing in this case was held on May 3, 2024.

RESULT: On Dec. 16, 2024, the court blocked three provisions of the 2023 EPM regarding voter registration cancellation, petition circulator requirements, and election certification. The Active Early Voting List provision was permitted. On March 11, the Arizona secretary of state appealed the order blocking the three provisions and requested the court pause a provision related to voter registration cancellation as the appeal continues.

Case Documents

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