House Republicans in Arizona are urging the state Supreme Court to require Secretary of State Adrian Fontes to comply with transparency laws when drafting the Elections Procedures Manual (EPM). They argue that the Arizona Administrative Procedure Act (APA) mandates a full public notice and comment period before any rules take effect. This process is intended to provide transparency, ensure accountability, and prevent the EPM from deviating from established state election statutes.
Speaker Montenegro stated, “The integrity of Arizona’s elections is absolutely vital. House Republicans are committed to the rule of law and to ensuring that Secretary Fontes stays within the limits of his authority. We already convinced a judge to strike down unlawful provisions in the 2023 EPM in our own lawsuit. We fully support this case, which asks only that Secretary Fontes follow long-standing notice and comment requirements when drafting the manual. Arizonans deserve accountability and transparency from every public officer, especially when it comes to election rules.”
Arizona law currently outlines the rules for voter registration, early ballots, polling places, and vote tabulation. House Republicans contend that the Secretary of State’s authority to draft the EPM is limited and that the APA process serves as an important check on this authority.
Michael Carbone, a Republican, was elected to represent Arizona’s 25th House District in 2023, succeeding Michelle Udall.
A copy of the legal brief related to this case has been made available for review.
