By Ethan Faverino |

Arizona House Speaker Steve Montenegro, alongside Senate President Warren Petersen and House Republicans, announced the filing of an amicus brief with the Arizona Supreme Court in the case Republican National Committee v. Fontes.

The brief urges the Court to require Arizona Secretary of State Adrian Fontes to adhere to Arizona’s Administrative Procedures Act (APA) when drafting the Elections Procedures Manual (EPM), a critical set of rules governing the state’s election process.

The APA mandates a transparent public notice and comment period before new rules take effect, ensuring accountability and alignment with Arizona’s election statutes.

The brief, filed in support of the Republican National Committee, the Republican Party of Arizona, LLC, and the Yavapai County Republican Party, argues that the EPM must comply with the APA’s procedural requirements, as neither the APA nor the authorizing statute (A.R.S. § 16-452) explicitly exempts it.

“The integrity of Arizona’s elections is absolutely vital. House Republicans are committed to the rule of law and to ensuring that Secretary Fontes stays within the limits of his authority,” said Speaker Montenegro. “We already convinced a judge to strike down unlawful provisions in the 2023 EPM in our own lawsuit. We fully support this case, which asks only that Secretary Fontes follow long-standing notice and comment requirements when drafting the manual. Arizonans deserve accountability and transparency from every public officer, especially when it comes to election rules.”

The brief emphasizes that Arizona’s comprehensive election laws, which cover voter registration, early ballots, polling places, and vote tabulation, limit the Secretary of State’s authority to draft an EPM.

The APA’s notice and comment process serves as a check, promoting transparency and preventing deviations from legislative intent.

The brief cites the Court of Appeals’ ruling in Republican National Committee v. Fontes, which affirmed that the EPM is subject to the APA’s requirements due to clear statutory language.

The filing highlights two key benefits of APA compliance. First, it reinforces constitutional and statutory limits on the Secretary’s authority, preventing overreach. Second, the public comment process allows for early identification of legal or practical flaws in the EPM drafts, potentially reducing litigation and supporting public confidence in Arizona’s elections.

The brief also notes issues with the 2023 EPM, where provisions added without public input led to legal challenges.

The ongoing litigation, Petersen v. Fontes, further highlights the importance of APA compliance, as it challenges the 2023 EPM’s deviation from state law. The amicus brief, submitted by Montenegro and Petersen in their official capacities, reflects the Arizona Legislature’s commitment to upholding the rule of law and protecting the integrity of the state’s electoral process.

Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.