PHOENIX, ARIZONA –The Arizona Free Enterprise Club filed a lawsuit against Secretary of State Adrian Fontes over the promulgation of certain unlawful rules set forth in the latest Elections Procedures Manual (EPM) in December 2023. The legal challenge was filed in the Superior Court of the State of Arizona for the County of Maricopa.
“Secretary Fontes has produced one of the most radical elections procedures manuals in our state’s history,” said Scot Mussi, President of the Arizona Free Enterprise Club. “If the illegal provisions of this manual are allowed to stand, the integrity and transparency of state elections would continue to dissipate at the hands of leftwing ideologues. We hope the court agrees with our arguments and forces the Secretary to adhere to state law.”
According to the complaint, the 2023 EPM improperly places protected political speech at risk of criminal prosecution and has an unconstitutional chilling effect on protected political speech. The 2023 EPM also contradicts statutory requirements and exceeds statutory authority by opening the Presidential Preference Election to federal only voters, in essence, creating a new law out of whole cloth.
There are three counts for causes of action regarding the EPM. The first deals with speech. The second with free association. And the third with vagueness.
The Plaintiff asks the court to strike down the provisions challenged in this action that contradict or exceed statutory authority.
Read the challenge here.