Arizona Releases Revised Election Procedures Manual With Court-Ordered Changes

Arizona Secretary of State Adrian Fontes (D) released an updated election procedures manual (EPM) last week with a key change: the manual is missing two pro-voting provisions that were in the previous version of the manual, which were blocked by a federal court following lawsuits filed by right-wing groups.

The new EPM does not include the “Vote Nullification Provision,” which allows the secretary of state to conduct a vote canvass and certify statewide election results when local officials refuse to do so. Nor does the EPM include the “Speech Restriction Provision,” which prohibits political activity that could intimidate voters within 75 feet of any polling location.

“We are gratified that Secretary Fontes now acknowledges what he previously described in his court briefs as ‘impossible’, and concurs with our position, namely that the EPM requires 30 days of public comment,” Arizona GOP Chairwoman Gina Swoboda said in a statement. “It is unfortunate but not surprising that the people of Arizona must go through the time and expense of litigation in order to have Secretary Fontes comply with the law.”

Both of these provisions were the subject of a contentious lawsuit last year filed by the Trump-linked America First Policy Institute (AFPI). In September 2024 a trial court granted AFPI’s preliminary injunction, blocking both of the provisions of the EPM. Fontes’ office appealed the ruling to the 9th U.S. Circuit Court of Appeals where litigation is ongoing. 

It wasn’t the only legal attack against Arizona’s EPM. The Arizona Free Enterprise Club and Arizona GOP lawmakers filed their own lawsuits to invalidate other portions of the EPM, which governs how elections are run in the state. And the Republican National Committee (RNC) recently revived their legal attack against Arizona’s EPM.

The newest version of the EPM includes some pro-voting changes as well, including a “best practices” section that includes tips for dealing with issues that came up in past elections — like paper ballot shortages and proper training for poll workers on all equipment. The new EPM also includes sections that thoroughly details the rights of voters with limited English skills, along with the rights of voters who are incarcerated.  

“This manual has always been the backbone of how Arizona runs elections,” Fontes said in a statement. “But in today’s environment, it carries more weight than ever. What was once a technical guide for election officials is now a document scrutinized by the public, the press, and the courts. That’s why we’re inviting every Arizonan to take a look, ask questions, and offer ideas.”

The public comment portal is open until August 31.

An earlier version of this article incorrectly stated that two of the pro-voting provisions of Arizona’s EPM were blocked by a state court. They were blocked by a federal court. We regret the error.