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Groups with Republican ties sue to challenge Election Procedures Manual harassment rules

Man in blue suit and red tie speaks
Gage Skidmore/CC BY 2.0
Arizona Secretary of State Adrian Fontes on Nov. 7, 2023.

Two groups with ties to Republican interests are charging that new Arizona election rules interfere with free speech.

Their lawsuit is challenging rules in the state’s Elections Procedures Manual.

The suit was filed by American Encore and the America First Policy Institute in federal court. It claims rules about harassment of voters and election officials are so broad they could criminalize what would otherwise be legal conduct.

Former Arizona Supreme Court Justice Andrew Gould is representing the groups.

They’re also challenging a provision that allows for state election results to be certified even if one or more counties refuse to do their own certifications.

In 2022, Cochise County was forced by a court to canvas its votes. A spokesperson for Secretary of State Adrian Fontes said he had no comment on the suit.

At the heart of the fight is the Elections Procedures Manual. Required by state law, it is designed to provide more specific instructions and guidance than the Elections Code, a set of statutes, adopted by the Legislature.

It is crafted by the secretary of state but also must be approved by the governor and the attorney general.