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Arizona Supreme Court upholds election manual rulemaking without public comment, preserving Secretary of State Fontes' authority.
The Arizona Supreme Court ruled that the state’s Elections Procedures Manual does not need to follow the standard rulemaking process under the Arizona Administrative Procedures Act, upholding Secretary of State Adrian Fontes’ authority to create the manual through a separate legislative process.
The decision, unanimous and led by Chief Justice Ann Scott Timmer, reverses a prior appeals court ruling that had required a 15-day public comment period.
The court sent the case back to the appeals court to review specific provisions in the 2023 manual for potential conflicts with state law, including rules on proof of citizenship and ballot handling.
Fontes, a Democrat, had argued that complying with APA would delay updates, and he has since revised the 2025 manual.
The ruling preserves the manual’s legal force and affirms election officials’ procedural autonomy.
La Corte Suprema de Arizona sostiene la reglamentación manual de las elecciones sin comentarios públicos, preservando la autoridad del Secretario de Estado Fontes.