Court: Democrat Secretary Fontes Sidestepped Arizona Law When Drafting Election Rulebook

Arizona’s Democrat secretary of state failed to comply with existing law when creating the state’s election rulebook, an Arizona court ruled on Thursday.

Writing on behalf of a three-judge panel on the Arizona Court of Appeals, Judge Lacey Gard ruled that Secretary of State Adrian Fontes “did not substantially comply” with the Arizona Administrative Procedure Act’s (APA) rulemaking procedures when finalizing the 2023 Election Procedures Manual (EPM). In Arizona, the EPM provides rules to election officials relating to mail ballots, voter registration, and other election-related matters.

According to Gard, Fontes’ illegal act pertains to the EPM’s public comment period.

In late July 2023, the Democrat secretary “published a 259-page draft EPM, allowing public comment for a period of fifteen days.” As unanimously determined by the three-judge panel, however, that is “only half the time the APA requires.”

“We conclude that the 2023 EPM was subject to the rulemaking procedure under the APA and that the Secretary did not substantially comply with the APA’s rulemaking process in promulgating the EPM,” Gard wrote. (Read more from “Court: Democrat Secretary Fontes Sidestepped Arizona Law When Drafting Election Rulebook” HERE)