Adrian Fontes has proven himself to be good at two things during his tenure as Arizona’s Secretary of State: losing in court and throwing tantrums. It’s really unfortunate. The state’s top election official is not supposed to be taken to court on a regular basis—especially for, you know, his repeated attempts to undermine election integrity. And of course, throwing tantrums should be more characteristic of toddlers, not a government official. But Fontes can’t help himself.
In his latest tirade, Fontes joined Hillary Clinton’s old consigliere Marc Elias on Democracy Docket to whine about President Trump’s recent executive order to preserve and protect the integrity of American elections. Toward the end of the discussion, Elias asked Fontes about the multiple lawsuits against his Elections Procedures Manual (EPM), which he lost to us and Arizona Republican lawmakers. As has become all too common with our Secretary of State, he responded how you would expect someone to respond when he knows he can’t win. He attacked our organization and degraded our 15,000 activists and donors.
Yes. That’s right. The top election official in our state, who is supposed to remain unbiased and simply do his job to protect election integrity, lashed out against us and told people not to donate to us because we won our lawsuit against him and his illegal EPM.
Ummm…news flash, Mr. Fontes. One of the reasons our donors support our cause is to stop government officials like you from circumventing the law. So, when we win, they feel good because their money was put to effective use.
But we shouldn’t expect someone with such low character as Adrian Fontes to understand that. After all, this isn’t the first time he’s tried to use the power of his office to attack and intimidate organizations like ours that participate in the election process. Back in August, the day after the court ruled in our favor, Fontes hopped on a KTAR morning show to attack us and our donors in much the same way. Then, he followed that up a few days later with more baseless attacks during an interview with MSNBC.
Of course, all these attacks ignore the bigger picture that Fontes wouldn’t have to go to court—and lose—if he would just follow the law.
The fact is that Adrian Fontes took it upon himself to produce one of the most radical EPMs in Arizona’s history. Several of the “rules” in his EPM attempted to criminalize activity that is protected under the First Amendment—creating an unconstitutional chilling effect on protected political speech. On top of that, Fontes included language in the EPM that attempts to rewrite state law or create new laws, which he does not have the authority to do.
We sued not over statutes that are already in place, but we sued over the vague and undefined language that Fontes used in his EPM that could be used against people who are simply trying to engage their First Amendment rights at poll locations. The Maricopa County Superior Court judge agreed with us, and even highlighted 13 instances of “problematic language” in her ruling.
So, Adrian Fontes can keep whining and tell the judge that she was wrong all he wants. But we will not stand for his efforts to use the power of his office to defund our organization. And most of all, we will not be deterred in our work to hold him accountable for protecting the integrity of our elections.
As Fontes and his team of leftwing ideologues get to work on the next EPM, they should focus on following the law. And they should start by reading the U.S. Constitution and the Arizona Constitution for the first time. That’s what the people of our great state expect from their elected leaders.
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