Recent developments in Arizona have brought attention to a controversial provision in the election procedures manual that could have significant implications for voters in the state. Democratic Arizona Secretary of State Adrian Fontes has been blocked from using this provision, which would have allowed him to certify election results in cases where a county refuses to sign off on its own results.
U.S. District Judge Michael Liburdi ruled that the provision could potentially disenfranchise millions of Arizona voters by giving Fontes unchecked authority to exclude all votes in a county if its officials fail to certify the results. This decision comes in response to actions taken by officials from a predominantly Republican county in Arizona, who delayed the certification of midterm election results in 2022, prompting felony charges from the attorney general.
Former Democratic Secretary of State Katie Hobbs, now Arizona’s governor, had warned that she might have to certify statewide results without numbers from Cochise County, potentially affecting the outcome of close races. Judge Liburdi, a Trump-appointed judge, emphasized the burden this provision would place on voters who could be disenfranchised based on the actions of public officials.
Various groups, including the America First Policy Institute and American Encore, challenged the provision, highlighting concerns about potential harm to voters. Lawyers for Fontes argued in defense of the provision, stating that it serves the state’s interests in protecting voters’ rights.
Fontes’ office has not commented on the recent decision. This ruling stands as a significant development in the ongoing debate over election procedures and safeguards in Arizona, with implications for future elections and voter participation.
