Arizona GOP Celebrates Appeals Court Ruling On Voter Roll Maintenance

by Matthew Holloway | Dec 11, 2025 | News

By Matthew Holloway |

The Arizona Republican Party is calling a recent court ruling a major victory for election integrity, but how much the decision will actually change voter roll maintenance remains an open question.

In a statement released this week, Arizona GOP Chair Gina Swoboda announced that the Arizona Court of Appeals, in Petersen, et al. v. Fontes, upheld an Arizona law that requires counties to begin the cancellation process when a voter swears on a jury questionnaire that they no longer live in the county. Swoboda described the ruling as a necessary correction that will help ensure clean voter rolls ahead of future elections.

“This ruling is a major victory for our state and for every Arizona voter,” Swoboda said in the update, framing the ruling as part of a broader effort to restore public confidence in the state’s elections.  

“Cleaner rolls protect voters. That’s the bottom line. No more dodging the law, no more loopholes, and no more games with Arizona’s voter rolls. Republicans in Arizona are fighting to ensure our elections are secure and stopping extreme leftist policies that would have thrown our elections into chaos. This is a huge step forward, but our work continues. We’ll keep working to restore trust, enforce the law, and deliver an election system every Arizonan can count on.”

In the AZGOP statement, the party referred to the ruling as “a significant defeat for Secretary of State Adrian Fontes,” noting that the state’s second-highest-ranking Democrat was “forced to abandon his extreme rule that would have allowed counties to toss out every vote cast if a canvass was submitted late,” describing the policy as “reckless,” and saying it “jeopardized lawful ballots and undermined public confidence.”

Republicans are celebrating the decision as a significant victory for structural reform; however, the ruling itself paints a more nuanced legal picture.

On the jury-questionnaire issue, the court held that federal law does not preempt Arizona’s statute, A.R.S. § 16-165(A)(9)(b), which directs county recorders to cancel a voter’s registration if the voter fails to respond to a mailed notice after telling a jury commissioner they no longer reside in the county. The opinion explains that the National Voter Registration Act (NVRA) allows removal when a voter “confirms in writing” that they have changed residence and does not require that confirmation go directly to the county recorder. Instead, the court found that a signed juror questionnaire can qualify as that written confirmation:

“Because the Seventh Circuit precedent does not conflict with A.R.S. § 16-165.A.9, the NVRA does not preempt that Arizona statute. … Here, the county recorder sends the notice only when a person signs (under penalty of perjury) a written juror questionnaire saying the person no longer resides in the county. A.R.S. § 16-165.A.9(b). That notice satisfies the NVRA.”

Under the statute, the juror form does not lead to automatic cancellation. Instead, it triggers a process: the recorder must send a notice by forwardable mail warning that, if the voter does not respond within 35 days, “the county recorder shall cancel the person’s registration.” The 2023 Elections Procedures Manual had directed counties to move such voters to an inactive list instead of canceling their registrations, but the court concluded that approach conflicted with the statute and therefore exceeded the Secretary of State’s authority.

Swoboda and other GOP leaders also highlighted language in the 2023 manual that would have instructed the Secretary of State to proceed with a statewide canvass without counting any county whose official canvass arrived late. The appeals court, however, declined to rule on that provision, finding the challenge moot because Fontes had already replaced it in the draft of the 2025 manual with language committing to use “all available legal remedies” to compel a county board of supervisors to complete its canvass and “protect voters’ right to have their votes counted.”

While the ruling clearly reinforces that the Secretary of State’s election manual authority is bounded by statute, the judges also sided with Fontes on a key question involving the active early voting list. Upholding the superior court, the panel agreed that a separate statute governing removal notices for the active early voting list, A.R.S. § 16-544(H)(4), is not retroactive and applies starting with the 2024 election cycle:

“The 2023 Manual thus has the removal notice statute process start with the 2024 election cycle. The 2024 election cycle started on January 1, 2023. The superior court agreed with the Secretary. We thus affirm.”

Arizona counties regularly maintain their voter rolls using multiple data sources, including death records, address changes, and federal databases. Several prominent Republicans have argued that those procedures remain insufficient. The jury-form issue addressed in this case represents a narrow slice of that broader process. The practical number of registrations affected by the ruling is not yet known.

Arizona GOP leaders, including Swoboda, Arizona House Speaker Steve Montenegro, Senate President Warren Petersen, and former Speaker Ben Toma, have pursued multiple legal challenges over election procedures and voter-roll maintenance in recent years. Some of those efforts have succeeded in forcing procedural changes, while others have been dismissed on standing or jurisdictional grounds.

That track record makes this latest ruling politically significant even if its technical impact proves limited. For election integrity activists, it represents steady, gradual progress toward tightening controls. Critics, meanwhile, characterize them as partisan attempts to re-litigate election processes long after votes have been cast.

Swoboda’s update also criticized past election-related deadlines and procedures that Republicans argue undermined public trust, particularly citing disputes over ballot processing timelines and late canvassing.

Supporters of the ruling argue it restores a basic principle: if a voter swears they’ve left a county, that sworn statement can be used, under existing law, to start the notice-and-cancellation process so the registration does not remain active indefinitely, akin to voters trying to leave “the Hotel California,” as Swoboda quipped in a video posted to X. Opponents counter that aggressive roll maintenance must be handled carefully to avoid mistakenly removing eligible voters.

For now, the ruling directs how counties must treat sworn jury-form declarations moving forward, reaffirming the statutory process: notice, a waiting period, and eventual cancellation if there is no response. Whether that translates into large-scale voter-roll changes or simply a modest administrative correction will depend on how often such declarations occur and how county recorders opt to implement the ruling.

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.