GOP Lawsuits Successfully Prompt Changes in Arizona's 2025 Election Procedures Manual Process

In a significant win for election integrity, legal challenges by the Arizona Republican Party and allied conservative groups have successfully led to key revisions in Secretary of State Adrian Fontes’ draft of the 2025 Election Procedures Manual (EPM) process.

The revisions address previously contested sections of the EPM that posed risks to free speech and voter enfranchisement. One notable change follows lawsuits by the Arizona Free Enterprise Club and America First Policy Institute, which challenged overly broad provisions in the manual potentially restricting free speech. Superior Court Judge Jennifer Ryan-Touhill and District Court Judge Michael Liburdi agreed, affirming that these provisions imposed unlawful burdens on constitutionally protected speech.

Additionally, Secretary Fontes was compelled to remove language allowing the state to canvass election results without counties’ certifications—another controversial provision struck down by a legal challenge from Senate President Warren Petersen and House Speaker Steve Montenegro. Judge Scott Blaney ruled that this provision was invalid and unenforceable due to the risk of disenfranchising voters.

While Secretary Fontes has acknowledged some of these critical legal realities, further litigation remains unresolved, including the requirement for a mandatory 30-day public comment period under the Administrative Procedures Act. Fontes initially opposed this, describing compliance as ‘impossible.’ However, the appeals court sided with the GOP position.

Chairwoman Gina Swoboda stated:

“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. 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. The Secretary should accept the appellate court ruling that the APA applies to the EPM and allow the process to move forward without interruption.”

The Arizona Republican Party remains committed to protecting election integrity, transparency, and accountability for all Arizonans. We will continue to fight for fair and lawful election procedures.