Fontes blocked from using new rules to certify election results if counties refuse to do so | Election 2024

PHOENIX – Arizona Secretary of State Adrian Fontes, a Democrat, was blocked from using a new election procedures manual provision that would have allowed him to certify election results in the state if a county refuses to sign off on its own results.

In a Sept. 27 ruling, U.S. District Judge Michael Liburdi said that under that rule, all votes in a particular county could be thrown out if its officials fail to certify the results. The provision, the judge said, would give Fontes “virtually free rein to disenfranchise potentially millions of Arizona voters.”

Two officials from a predominantly Republican Arizona district delayed certifying the results of the 2022 midterm elections, prompting the attorney general to file felony charges against them.

Then-Democratic Secretary of State Katie Hobbs, now Arizona’s governor, warned that she might have to certify statewide results without numbers from Cochise County if they weren’t received on time, a result that would have tipped the scales in several close races.

Liburdi, who was nominated to the federal bench by President Donald Trump in 2019, said the provision would place a heavy burden on voters who, while complying with voting requirements, could be disqualified because of the actions of officials.

The provision was challenged by the America First Policy Institute; another group, American Encore. who describes herself as a defender of freedom and a promoter of free markets; and a voter from Apache County.

Attorneys representing Fontes defended the provision, arguing that the state’s interest in protecting Arizonans’ votes outweighs the speculative damages claims of those who filed the lawsuit.

In a statement, Fontes’ office said: “We are still reviewing the decision to determine our next step.”