Why It Matters
Arizona’s top court has clarified that the state’s Election Procedures Manual can be updated and published without triggering the standard public comment process required for most government rulemaking. The decision ends a legal dispute over how much advance notice elections officials must provide when revising the manual that governs voting procedures statewide.
What Happened
The Arizona Supreme Court issued a unanimous opinion Friday upholding an October order that exempts the Election Procedures Manual from Arizona’s Administrative Procedures Act rulemaking requirements. The ruling reversed a Court of Appeals decision that had sided with the Republican National Committee, which sued over the 2023 manual’s development.
The RNC argued that Secretary of State Adrian Fontes violated public notice rules by allowing only 15 days for public comment on the 2023 manual instead of the 30 days required under the Administrative Procedures Act. The trial court initially sided with Fontes, but the Court of Appeals overturned that decision, finding the APA applied.
The state Supreme Court disagreed, finding that the Legislature established a separate process for the manual’s creation. Under that statute, the secretary of state must develop the manual in consultation with county elections officials, then submit it to the governor and attorney general in October of odd-numbered years for approval before year-end publication.
Justice William Montgomery wrote that “mandating EPM compliance with APA rulemaking requirements risks undermining the purpose and effect of the Legislature’s time-sensitive regulation of elections.” He added that “the Legislature has treated the APA and EPM, throughout their respective statutory existence, as separate schemes sailing on their own charted course to their own respective destinations.”
After the Court of Appeals ruling, Fontes voluntarily provided 30 days of public comment on 2025 manual changes while maintaining no legal obligation existed to do so. The RNC and other Republicans have criticized both the 2023 and 2025 versions.
By the Numbers
15 days — public comment period Fontes provided on the 2023 Election Procedures Manual
30 days — public comment period the RNC argued was required under Arizona law
30 days — public comment period Fontes allowed on 2025 manual revisions
October, odd-numbered years — deadline for manual submission to governor and secretary of state
Zoom Out
Election administration procedures remain contested territory across the country, with both parties scrutinizing how states manage voting rules and voter access. In Arizona, disputes over election procedures have intensified in recent years, with Republicans and Democrats offering competing visions of how elections should be conducted. The manual itself has been a flashpoint, with courts striking down some provisions while upholding others.
Last week, a federal judge blocked a provision in the 2025 manual prohibiting “wearing clothing, uniforms or official-looking apparel intended to deter, intimidate, or harass voters” at polling places, finding it too vague. Fontes also deleted portions of the 2023 manual from the 2025 version in response to other court cases.
What’s Next
The Supreme Court’s decision means future updates to Arizona’s Election Procedures Manual will follow the Legislature’s statutory timeline rather than standard administrative rulemaking procedures. The next manual update cycle will occur in October 2027, when the secretary of state must again submit revisions to the governor and attorney general for approval.