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Petersen, Toma sue Fontes over Election Procedures Manual

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(The Center Square) – Arizona Senate President Warren Petersen and House Speaker Ben Toma are suing Secretary of State Adrian Fontes to get certain parts of the recently released Election Procedures Manual tossed out.

Petersen and Toma are alleging that “at least five areas” of the manual conflict with election laws, including reforms passed under former Republican Gov. Doug Ducey.

One of the major errors of concern from Republicans is pushing back an Active Early Voting List reform until 2027, even though it was passed into law in 2021. They say that it is too long to wait, as the reform would purge voters from the AEVL if they have not voted in the past two elections and have not been communicative with the state government to keep them on the list, according to a news release.

“Both the Secretary and our Governor have a track record of not following the law. As a result, I’m taking action to protect the integrity of our elections,” Petersen said in a statement. “This reckless EPM opens the door to unlawful activity and undermines the voter confidence measures Republican lawmakers have implemented over the years.”

Fontes’ office defended the manual, saying it was the product of feedback from a wide variety of stakeholders.

“The Secretary of State’s office acknowledges the lawsuit filed by Arizona State Senate and House leadership regarding the 2023 Elections Procedures Manual, and we are preparing our legal response,” the Secretary of State’s office said in a statement.

“The EPM was created with input from county officials, tribes and through public comment before forming a consensus with Governor Katie Hobbs and Arizona Attorney General Kris Mayes. Secretary Fontes is prepared to defend the EPM that was created to provide uniformity and clarity for elections officials, so they can administer free and fair elections for the people of Arizona,” the office continued.

The purpose of the manual is to serve as an enforcement guide for election officials, and it is updated every four years before a presidential election. As Arizona becomes an increasingly politically competitive state, scrutiny of election laws has become amplified.

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