by Staff Reporter | Apr 13, 2025 | News
By Staff Reporter |
The Trump administration will no longer continue its legal challenge to Arizona’s documentary proof of citizenship (DPOC) laws.
The Department of Justice (DOJ) filed a brief on Tuesday motioning to drop the case.
Assistant Attorney General Harmeet Dhillon filed the brief the very day after she was sworn into her position within the Civil Rights Division, alongside the controversial Interim Attorney for the United States Attorney’s Office for the District of Arizona, Timothy Courchaine.
Senate President Warren Petersen called the development “a major win for election integrity and the rule of law” in a statement Wednesday. Petersen previously submitted a letter to the DOJ requesting they drop the case.
“The @azsenategop and @azhousegop will continue to defend this law against the special interest groups challenging it,” said Petersen.
Petersen submitted his request letter to Attorney General Pam Bondi in mid-February.
The case, Mi Familia Vota v. Fontes, is before the Ninth Circuit Court of Appeals.
Arizona’s DPOC laws required automatic rejection of Arizona state form registration submissions lacking DPOC, prohibited individuals who hadn’t provided DPOC from voting for a president or returning a ballot by mail, and added mandatory fields to the state registration form for a registrant’s birthplace and a checkbox confirmation of the applicant’s U.S. citizenship.
Last August, the Ninth Circuit Court of Appeals ruled Arizona would have to accept state voter registration forms without DPOC.
Tuesday’s motion by the DOJ was the latest in the Trump administration’s efforts to cease legal action against states’ election laws.
Last month, the DOJ dropped multiple election-related lawsuits in Texas, Georgia, and Louisiana initiated under the Biden administration. Those lawsuits opposed voting maps and election integrity initiatives, respectively.
President Donald Trump and his administration have also taken steps to require proof of citizenship in elections, prompting resistance from the state’s top Democratic leaders.
Arizona Secretary of State Adrian Fontes, alongside Attorney General Kris Mayes, filed a lawsuit against the Trump administration over President Donald Trump’s recent executive order requiring DPOC to register to vote in federal elections as well as requiring all ballots to be received by Election Day.
Last week, Mayes and Fontes held a joint press conference announcing their lawsuit and accusing Trump of “unconstitutional intrusion” on states’ rights and congressional authority regarding elections. The pair want Trump to go through — not around — Congress for any election law changes.
“If President Trump wanted to make laws then he should have run for congress where the U.S. Constitution says that work is done,” said Fontes. “If the President wants to reshape our elections, he must propose realistic bipartisan legislation in Congress instead of forcing states into unfunded mandates through unlawful executive orders.”
“Clearly, Trump only supports state’s rights when it suits him,” said Mayes.
Last month in another case pertaining to DPOC, the Arizona Court of Appeals ruled against the Elections Procedure Manual (EPM) produced by Secretary of State Adrian Fontes. Fontes’ EPM would have allowed voters who failed to submit or couldn’t achieve verification of their DPOC.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by AZ Free Enterprise Club | Apr 9, 2025 | Opinion
By the Arizona Free Enterprise Club |
Adrian Fontes has proven himself to be good at two things during his tenure as Arizona’s Secretary of State: losing in court and throwing tantrums. It’s really unfortunate. The state’s top election official is not supposed to be taken to court on a regular basis—especially for, you know, his repeated attempts to undermine election integrity. And of course, throwing tantrums should be more characteristic of toddlers, not a government official. But Fontes can’t help himself.
In his latest tirade, Fontes joined Hillary Clinton’s old consigliere Marc Elias on Democracy Docket to whine about President Trump’s recent executive order to preserve and protect the integrity of American elections. Toward the end of the discussion, Elias asked Fontes about the multiple lawsuits against his Elections Procedures Manual (EPM), which he lost to us and Arizona Republican lawmakers. As has become all too common with our Secretary of State, he responded how you would expect someone to respond when he knows he can’t win. He attacked our organization and degraded our 15,000 activists and donors.
Yes. That’s right. The top election official in our state, who is supposed to remain unbiased and simply do his job to protect election integrity, lashed out against us and told people not to donate to us because we won our lawsuit against him and his illegal EPM.
Ummm…news flash, Mr. Fontes. One of the reasons our donors support our cause is to stop government officials like you from circumventing the law. So, when we win, they feel good because their money was put to effective use.
But we shouldn’t expect someone with such low character as Adrian Fontes to understand that. After all, this isn’t the first time he’s tried to use the power of his office to attack and intimidate organizations like ours that participate in the election process…
>>> CONTINUE READING >>>
by Matthew Holloway | Apr 6, 2025 | News
By Matthew Holloway |
Congressman Abraham Hamadeh (R-AZ-08) pointed out this week the accuracy of his anticipation that Arizona Democrats would file a lawsuit seeking to block President Trump’s Executive Order 14248, entitled Preserving and Protecting the Integrity of American Elections. Hamadeh described the Democrats as “the beneficiaries of Arizona’s broken election system,”
Reacting to the announcement from Arizona Democrat Attorney General Kris Mayes and Secretary of State Adrian Fontes, Hamadeh’s office stated that they “and their ilk across the country will go to any lengths to keep our elections processes broken.” His office also noted that the Congressman alongside his co-sponsor Congresswoman Claudia Tenney (R+NY-24), who chairs the Congressional Election Integrity Caucus, have introduced legislation to support and codify the President’s election integrity agenda.
Congresswoman Tenney posted on X, “President Trump’s Preserving & Protecting the Integrity of American Elections Executive Order takes historic steps to keep noncitizens from voting in elections, eliminate voter fraud, & repeal Biden’s corrupt EO 14019! @RepAbeHamadeh & I introduced legislation to enshrine this EO into law to ensure our elections remain free, fair, & honest.”
“The American people deserve better. They deserve to know that their legally cast ballot is counted and accounted for. I am disappointed, but obviously not surprised that Mayes and Fontes seek to thwart the implementation of commonsense safeguards of democracy,” concluded Congressman Hamadeh. “As a trusted advisor once said to me, ‘election integrity never disenfranchised a single soul, but a single act of election fraud disenfranchises us all.’”
The proposed bill, H.R. 2499, would codify Trump’s EO 14248 by ordering states to require proof of citizenship in the form of government-issued ID on voter registration forms, ordering the Departments of State and Homeland Security and Social Security Administration to provide federal database access to states for determining voter eligibility, and requiring a single Election Day deadline for vote tabulation. Each measure will carry the threat of withdrawn federal funding in the event of non-compliance. In a press release, Rep. Hamadeh stated, “In Arizona, we have seen what the mismanagement of voter rolls, failed election infrastructure, and corrupt courts can do to destroy voter confidence and faith in our system overall. We are taking swift action to rebuild citizens’ trust in our elections through comprehensive and meaningful election integrity legislation.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Mar 30, 2025 | News
By Matthew Holloway |
Arizona Secretary of State Adrian Fontes announced in a social media post on Wednesday that he will not be running to replace the late Democrat Congressman Raúl Grijalva in the 7th Congressional District. Instead Fontes will seek to defend his seat as Arizona’s top election official in the 2026 mid-term election.
In his remarks, posted to X, Fontes referred to a “rising tide of fascism sweeping this nation,” as his primary motivation for the decision. Fontes cited President Donald Trump’s Executive Order “Preserving And Protecting The Integrity Of American Elections,” and claimed that through this action the “president is laying the groundwork to cancel elections in 2026.”
Fontes gave no explanation or description of how requiring voter identification, preventing non-citizens from voting, cooperation between the state and federal governments to maintain voter roll integrity, requiring states only count ballots received on or by election day, and improving the security of voting systems could possibly accomplish this end.
Fontes wrote:
“I have considered the pros and cons of running for congress. It is clear to me that our party must fight harder and stand up to the rising tide of fascism sweeping this nation.
“With this week’s executive order from the Trump Administration, I firmly believe the president is laying the groundwork to cancel elections in 2026.
“After careful thought and reflection, I have decided that for family, for country, and for democracy, I will continue to defend America as Arizona’s secretary of state.”
As reported by KJZZ, Fontes claimed that the Executive Order, “is in my view an attempt to erode confidence so much that he [Trump] will be able to declare some kind of emergency or something and potentially just cancel the elections in 2026. I don’t think that is beyond what this administration is capable of.”
In a subsequent interview with Scripps, Fontes proceeded to double-down, telling Elizabeth Landers that were DOGE to come for any of Arizona’s voter rolls or information, as required under the Executive Order, he “would tell them to go to hell.”
He also announced that a formal campaign announcement for Secretary of State will be forthcoming.
Several commenters to Fontes’ post on X disagreed with his characterization of his decision, instead positing that the late-Rep. Grijalva’s daughter Adelita Grijalva is the likely frontrunner.
Former Arizona State Representative Daniel Hernandez Jr. has already announced his candidacy for the seat as well with at least seven statements of interest filed for the race so far.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Staff Reporter | Mar 9, 2025 | News
By Staff Reporter |
The Arizona Court of Appeals ruled against the Elections Procedures Manual (EPM) produced by Secretary of State Adrian Fontes.
Judge Lacey Gard reversed and remanded a lower court decision dismissing the case, Republican National Committee, et al. vs. Adrian Fontes, et al., last summer. Gard ruled the EPM fell under the Arizona Administrative Procedure Act (APA), a “plain reading” of the statute contrary to what the lower court ruled. Gard also dismissed Fontes’ arguments for his right to not comply with the APA because the APA and EPM statutes conflict.
“[The APA] unambiguously states that all agencies are subject to the APA’s rulemaking procedures unless ‘expressly exempted,’” stated Gard. “The APA and EPM statutes impose duties on the Secretary that may require him to begin promulgating the EPM earlier, but they are not inconsistent, do not directly conflict, and do not create impossible barriers to complying with both.”
Gard further ruled Fontes violated the APA by not allowing public comment on the proposed EPM for the full 30 days, instead only opening up review for 15 days.
Gard noted at the end of her ruling that she wouldn’t address other claims by the Republican National Committee challenging eight specific provisions of the EPM, since she arrived at the conclusion that Fontes’ promulgation of the 2023 EPM failed to “substantially comply” with requirements set forth by the APA for the rulemaking process.
The Republican Party of Arizona (AZGOP) sued Fontes over the EPM last February, along with the Arizona legislature leadership at the time (Senate President Warren Petersen and then-House Speaker Ben Toma) and the Arizona Free Enterprise Club. In a statement on Thursday’s ruling, the AZGOP claimed the appeals court found the EPM to be unconstitutional.
AZGOP Chair Gina Swoboda said the ruling confirmed the extent of the unlawfulness of Fontes’ EPM in the Thursday statement. Swoboda characterized Fontes and his EPM as an attempt “from the radical left to illegally assume control” of Arizona elections.
“This opinion from the court shows just how much Secretary Fontes and his allies in the Governor’s and Attorney General’s offices overreached in their partisan efforts to hijack our elections through this blatantly political manual,” said Swoboda. “As we have highlighted to the court, the most-recent elections manual contained many provisions that ran utterly contrary to Arizona law, giving the Democrat machine a clear advantage at the ballot box for years to come.”
Beyond the lack of compliance with APA, GOP leaders’ objections to the Fontes EPM concerned conflicts with state election law: accepting voters who declared themselves noncitizens on juror questionnaires; allowing voters who failed to submit or couldn’t achieve verification of their Documentary Proof of Citizenship (DPOC); allowing first-time, federal-only voters to provide only an ID and not DPOC for mail-in voting; not requiring county recorders to check federal databases for citizenship reviews; restricting public review of voter signatures on mail ballots; allowing Active Early Voting List voters to receive ballots outside the state for certain elections; requiring denial of early ballot challenges received prior to the return of an early ballot; and allowing out-of-precinct voters to cast provisional ballots.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
