Arizona 2023 Election Procedures Manual Challenge (Petersen)

Petersen v. Fontes

Filed: January 31, 2024

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.

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.

RESULT: On Nov. 24, 2025, the Arizona Court of Appeals invalidated two provisions of the 2023 EPM. First, it struck down the Jury Questionnaire Provision, holding that when an individual swears on a jury form that they have moved out of the county, their voter registration must be canceled. Second, it invalidated the Petition Circulator Registration Provision, ruling that a petition circulator must be properly registered for their signatures to count; if a circulator makes an error in their registration, all signatures they gathered will be disqualified. However, the court upheld a separate EPM provision stating that removal notices for the active early voting lists apply starting with the 2024 election cycle.