By the Arizona Free Enterprise Club |
The people of Arizona deserve elections that are free, fair, transparent, and lawful. As the top election official in our state, Secretary of State Adrian Fontes should be working every day to ensure this happens. And he should be providing an Elections Procedures Manual (EPM) that gives impartial direction to county recorders to ensure uniform and correct implementation of election law.
This shouldn’t be that hard…or controversial.
But Adrian Fontes took it upon himself to produce one of the most radical EPMs in Arizona’s history. In fact, several of the “rules” in his EPM even go as far as to criminalize activity that is protected under the First Amendment—creating an unconstitutional chilling effect on protected political speech. Apparently, Adrian Fontes hasn’t read the United States Constitution or the Arizona Constitution.
Because of this illegal EPM, we sued him. And last week, a Maricopa County Superior Court ruled in our favor, finding that Fontes’ EPM contains speech restrictions that violate the Arizona Constitution, misstatements and modifications of statutes, and failures to identify distinctions between guidance and legal mandates.
So, how did Fontes respond? Did he realize the error of his ways? Will he now properly understand his role and amend the EPM to align with the law? No. Instead Adrian Fontes has responded how you would expect someone to respond when he knows he can’t win. He’s resorted to maligning our organization in the media…
