Honest Elections Project, a nonpartisan organization, has filed an amicus brief in support of Republicans’ lawsuit against Arizona over its handling of changes to its Election Procedures Manual.
Currently the Republican National Committee, the Republican Party of Arizona and the Yavapai County Republican Party are suing Arizona Secretary of State Adrian Fontes, a Democrat, for allegedly not providing enough time for public input before revising the manual.
The plaintiffs argued Fontes’ actions violated the state’s Administrative Procedures Act, which “establishes procedures for agency rule-making and for appealing agency decisions,” according to an Arizona Senate fact sheet.
The plaintiffs also stated this alleged rule violation negates the election manual made in 2023. They said they want the judge to block Fontes from using the manual until he properly complies with Arizona law.
The lawsuit was filed in 2023. A Maricopa County Superior Court initially dismissed the case, but the Arizona Court of Appeals reversed the lower court’s decision in March. The appeals court stated Fontes did not comply with the procedures law by allowing only 15 days of public comment, rather than the required 30 days.
Fontes appealed the decision to the Arizona Supreme Court. The court is scheduled to hear arguments on Oct. 14.
In the amicus brief filed Wednesday, the Honest Elections Project called elections the “lifeblood of democracy.” The project stated public confidence in elections is determined by their transparency, which allows for “public participation and scrutiny in the formation of rules governing those elections.”
When election rules do not meet the “basic criteria of fairness,” election results are “viewed with suspicion, democracy is eroded, and a risk of chaos and government instability is fueled,” the brief explained.
Honest Elections Project said the state Supreme Court should affirm the lower court’s decision to “protect the public’s ability to meaningfully participate in the formulation of Arizona’s election rules.”
The project added that the Election Procedures Manual arguably features the “most important rules” made by an Arizona agency due to the details on how the state will conduct elections.
The brief noted since Fontes only provided 15 days, the election manual was not legally adopted.
Jason Snead, the executive director of Honest Elections Project, said Arizona law mandates “at least 30 days for public comment on administrative actions, and Arizona’s Election Procedures Manual falls under this statute.”
He added that Fontes can’t create “election rules as he goes,” but rather he must follow the proper rule-making process, “like any other state agency.”
“This is not some exceptional notion,” he said. “It is common for states to require their agencies to inform the public when they are going to issue rules and solicit public opinion.”
Snead noted the state Supreme Court “should affirm the Arizona Court of Appeals’ decision to protect the public’s role in the formulation of election rules.”
