Why It Matters
Arizona’s Elections Procedures Manual (EPM) carries the force of law in most cases, directly shaping how county officials conduct elections across the state. A push by Arizona county recorders and Republican lawmakers to restructure who controls the EPM’s creation and approval could significantly alter the balance of power over election administration in one of the country’s most closely watched battleground states.
The effort comes amid ongoing legal disputes over the current manual and ahead of the 2026 election cycle, raising questions about oversight, accountability, and the separation of powers in election governance.
What Happened
Arizona county recorders and Republican legislative leaders are calling for expanded input and authority in the process used to create the state’s elections rulebook, known as the Elections Procedures Manual. Under current law, the Arizona Secretary of State is responsible for revising the EPM every two years, with input required from county boards of supervisors. The final version must be approved by both the governor and the attorney general before publication.
All three statewide offices — secretary of state, governor, and attorney general — are currently held by Democrats, a dynamic that Republican lawmakers argue has allowed partisan priorities to shape election rules without sufficient checks from the Legislature or county-level officials.
Republican leaders in the Arizona Legislature previously took Secretary of State Adrian Fontes to court over changes made to the 2023 version of the EPM, arguing that several provisions conflicted with state law. Courts sided with the Legislature on some, but not all, of those challenges, and struck down certain EPM provisions as a result.
Separately, the Arizona Republican Party filed its own lawsuit challenging multiple provisions in the 2023 EPM, as well as the public comment period Fontes allowed during the revision process. That lawsuit was ultimately dismissed by an Arizona appellate court.
By the Numbers
2 — The number of years between each required revision of the Arizona Elections Procedures Manual, meaning changes affect multiple election cycles.
3 — The number of Democratic-held statewide offices currently involved in finalizing the EPM: secretary of state, governor, and attorney general.
2 — Separate legal actions filed by Republicans challenging the 2023 EPM, one by the Republican-controlled Legislature and one by the Arizona Republican Party.
Partial — Courts agreed with some legislative arguments against Fontes’s 2023 EPM changes, setting aside select provisions while leaving others intact.
2026 — The current election year in which any revised EPM or structural changes to the process would take effect, amplifying the stakes of the debate.
Zoom Out
Arizona is not alone in experiencing friction between state legislatures and executive-branch officials over control of election administration rules. Across the country, Republican-led legislatures in states including Georgia, Wisconsin, and Pennsylvania have sought to limit the discretion of secretaries of state or election boards seen as politically opposed to legislative majorities.
The broader national trend reflects ongoing disputes over who holds ultimate authority over election procedures — disputes that have intensified since 2020. As Democratic attorneys general have filed more than 100 lawsuits against the Trump administration over a range of federal policy rollbacks, similar legal battles over election authority are playing out at the state level.
In Arizona specifically, election-related litigation has become a recurring fixture of each election cycle, with courts increasingly serving as the arbiter of disputes between the Legislature and statewide executive offices. Grassroots political engagement has also intensified, as seen in recent large-scale protests across Arizona reflecting heightened public attention to questions of governance and oversight.
What’s Next
Republican lawmakers are expected to advance legislation that would formalize a greater role for the Legislature and county recorders in drafting or approving future versions of the Elections Procedures Manual. Any such bill would face potential opposition from Governor Katie Hobbs, who holds veto authority.
Secretary of State Fontes is also required to begin the revision process for the next EPM, which will govern the 2026 election cycle. The outcome of ongoing negotiations — and any new legislation — could reshape that process before the manual is finalized and published.
Legal challenges to any new EPM version remain likely regardless of the outcome, given the pattern of litigation surrounding previous editions.