Supreme Court backs Fontes on election rulebook creation process, handing defeat to Republicans
Arizona’s high court says the biennial election rulebook that tells local elections officials how to implement state law doesn’t have to follow the standard rule-making process, reversing an appellate ruling that possibly invalidated the rulebook created in advance of the 2024 election.
The Arizona Supreme Court issued an order on Thursday, reversing a March decision from the Arizona Court of Appeals which ruled that Secretary of State Adrian Fontes violated the Arizona Administrative Procedures Act when he didn’t allow enough time for public comment on the 2023 Election Procedures Manual.
“I am relieved and gratified by today’s decision,” Fontes said in a statement. “The rule of law has prevailed. The Court’s unanimous order confirms what every Secretary of State, Republican and Democrat alike, has always understood: the Legislature created a distinct process for adopting the Elections Procedures Manual, and that process stands apart from the Administrative Procedures Act.”
Every other year, the secretary of state is tasked with putting together a new EPM, which outlines procedures and rules by which county elections officials should conduct elections in the state. The manual carries the force of law, and must get approval from the governor and attorney general before its published.
https://azmirror.com/briefs/supreme-court-backs-fontes-on-election-rulebook-creation-process-handing-defeat-to-republicans/
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