by Jonathan Eberle | Sep 6, 2025 | News
By Jonathan Eberle |
Arizona Senate President Warren Petersen is calling on Secretary of State Adrian Fontes to revise the state’s draft of the 2025 Elections Procedures Manual (EPM), warning that lawmakers may pursue legal action if disputed provisions remain in place.
The Elections Procedures Manual, which outlines how elections are conducted in all 15 Arizona counties, must comply with state law and receive approval from both the governor and attorney general before taking effect. Petersen contends the current draft includes measures that exceed the secretary of state’s legal authority.
“The Elections Procedures Manual cannot be used as a vehicle to rewrite Arizona law,” Petersen said in a statement released Monday. “If these provisions are not corrected before submission, litigation will follow.”
Among the concerns identified by Petersen and Republican legislators are provisions they say weaken election safeguards. These include extending the time for non-citizens to “cure” invalid registrations, bypassing voter ID requirements on registration forms, limiting ballot challenges, and reducing oversight on ballot chain-of-custody procedures.
Lawmakers also raised objections to proposed rules that they argue diminish political parties’ role in selecting poll workers, relax standards for petition circulators, and require election officers to adhere to policies they believe infringe on constitutional rights.
Petersen said the secretary of state has a “pattern” of resisting statutory requirements, adding that changes to election rules should be made through the legislative process rather than administrative directives.
“Our election laws are passed by the Legislature and signed by the Governor — not invented by one officeholder,” Petersen said.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
by AZ Free Enterprise Club | Sep 3, 2025 | Opinion
By the Arizona Free Enterprise Club |
If Katie Hobbs is thinking about what to do after her time as Governor is up, one option would be to test her skills in the Hide and Seek World Championships. After all, she proved during the 2022 gubernatorial election campaign that it’s what she’s best at.
After dodging any request to debate her opponent Kari Lake during her campaign, Hobbs also ducked reporters who dared to question her about it. She even hid in a restaurant bathroom after another reporter asked her why she didn’t like discussing politics.
All this hiding should have resulted in a simple decision. According to long-standing Arizona Citizens Clean Elections Commission (AZCCEC) rules, an opponent (in this case Kari Lake) should have been provided with airtime when a candidate (in this case Katie Hobbs) refused to debate. And the AZCCEC planned to do just that. But hours before Kari Lake’s interview was scheduled to take place, the AZCCEC learned that Arizona PBS went behind their back to schedule an exclusive interview with Katie Hobbs—moving them to postpone Lake’s interview.
If you think all this reeks of collusion, you’re right. And now, a public records request has made it clear. Katie Hobbs wasn’t playing hide and seek alone. She was purposefully aided by leadership at Arizona State University (ASU) and at PBS…
>>> CONTINUE READING >>>
by Matthew Holloway | Aug 31, 2025 | News
By Matthew Holloway |
The legal fight between Maricopa County Recorder Justin Heap and the County Board of Supervisors escalated Monday. America First Legal filed two motions on Heap’s behalf, and Arizona’s legislative leaders submitted an amicus brief supporting him.
In a press release, the County Recorder’s Office stated that the motions filed by America First Legal “reveal how the County Board of Supervisors and County Attorney Rachel Mitchell have weaponized county government against duly-elected Recorder Justin Heap simply because he dared to fulfill his statutory duties and protect the sanctity of Arizona elections.”
Heap said in a statement, “It’s unfortunate that the Board’s unprofessional and bad faith actions have forced us to litigate this issue; however, it’s significantly more unfortunate that the Board continues to deny the voters of Maricopa County the positive, common sense election integrity reforms that they voted for last November when they elected me. As I’ve promised from day one, I am working to ensure honest, secure, and transparent elections for every voter in Maricopa County. I am not, and will not, waiver in my commitment to executing on this promise. I’m grateful to America First Legal for standing by my side in this battle.”
America First Legal detailed Heap’s allegations in the first filing: “The Defendants — the members of the Maricopa County Board of Supervisors (‘BOS’) — have crossed from fiscal oversight into outright sabotage. Ignoring [state law] and decades of precedent, the BOS has refused to fund the Recorder’s ‘necessary expenses’ — from modern ballot-processing equipment to indispensable IT staff — while simultaneously seizing control of the very election functions its stonewalling endangers. The BOS’s obstruction is not mere bureaucratic foot-dragging; it is a calculated power grab that throttles the Recorder’s constitutional duty to administer secure, timely elections.”
In an amici filing in support of Heap, Arizona House Speaker Steven Montenegro and Senate President Warren Petersen’s legal representation call for a strict interpretation of state statutes which govern the responsibilities of the county recorder and board of supervisors. They argue that the “court should narrowly conclude that, based on the statutes’ plain language, when the statute authorizes ‘the county recorder or other officer in charge of elections’ to act, it is the recorder’s duty to ensure the statute is complied with unless the recorder expressly agrees to delegate that duty to another ‘officer in charge of elections.’”
As previously reported by AZ Free News, the months-long negotiations between Heap and the Board, led by Chairman Thomas Galvin, devolved steadily since Heap’s election and the replacement of Stephen Richer in January until finally collapsing into litigation in June.
The crux of the disagreement between the Board of Supervisors and County Recorder Heap rests upon a Shared Services Agreement (SSA) agreed to by Heap’s predecessor, Richer, who ardently opposed the election integrity efforts that Heap ran for office to enact. For nearly six months, the two county offices negotiated; however, Heap and the Supervisors were unable to reach an agreement, culminating in a lawsuit filed by Heap.
Since then, Heap has alleged that the Supervisors have “taken retaliatory actions” describing a series of measures that “make it impossible for him to do his job, including removing nearly all his election-related IT staff; seizing the servers, databases, and websites necessary to fulfill his duties; and restricting access to necessary facilities and equipment,” as reported by The Federalist.
In a second filing, Heap and America First Legal introduced allegations involving Maricopa County Attorney Rachel Mitchell, bringing a third County office into the fray in a dispute over who may represent the County Recorder, an attorney chosen by Heap or Maricopa County Attorney Rachel Mitchell. In the legal brief, they allege, “Attorney Mitchell originally appointed a criminal defense attorney to advise the Recorder; however, in April, America First Legal agreed to represent Heap pro bono, a move that Mitchell objected to.”
“When the Recorder complained that the original attorney appointed for him lacked sufficient subject matter expertise, County Attorney Mitchell appointed former Arizona Supreme Court Justice Andrew Gould to advise the Recorder only during negotiations with the Board. However, County Attorney Mitchell and the Board did not allow Justice Gould to litigate on the Recorder’s behalf,” the filing revealed.
But according to AFL, that wasn’t the end of it. “In May of 2025, Justice Gould specifically asked the Maricopa County Attorney’s Office for permission to litigate on Recorder Heap’s behalf but was not allowed to do so because the scope of his representation was limited to negotiation of the SSA and did not include litigation, and, accordingly, the County would not compensate him for litigation-related work.”
Mitchell responded by penning a letter to the AFL attorneys, writing in part, “This letter is to inform you that I am the Recorder’s attorney and that you do not represent the Maricopa County Recorder’s Office or Recorder Heap in his official capacity.”
Per The Federalist, AFL attorney James Rogers retorted that the “County Recorder is allowed to pick his own lawyer in litigation,” adding that Heap “is not subject to the whims of the county attorney.”
In the midst of the complex legal battle between the Recorder’s Office and the Board of Supervisors, which has drawn the attention of legislative leaders, the dispute with Mitchell adds yet another layer of infighting within the already divided county government, with the calendar counting down to the 2026 elections.
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 Jonathan Eberle | Aug 29, 2025 | News
By Jonathan Eberle |
Arizona Senate President Warren Petersen announced on Monday several senior staff promotions and new hires within the Senate Majority office, moves he said will strengthen support for the chamber’s 17 Republican members as they pursue their legislative agenda.
Fletcher Montzingo has been elevated to Deputy Chief of Staff after more than a decade in state government, including six years staffing the Senate Finance and Appropriations Committees. In his new role, Montzingo will help oversee daily staff operations, advise on tax policy, and provide support for the newly formed Senate Committee on Appropriations & Transportation.
Brooke Huppenthal will join the staff on Sept. 15 as Deputy General Counsel. She will advise the Senate Committees on Judiciary & Elections and Military Affairs & Border Security, while also assisting the Senate Rules Committee. Huppenthal previously served as an Assistant Attorney General in Tennessee and clerked for Arizona Supreme Court Justice Clint Bolick.
Simone Westbrook Hall has been named Senior Policy Advisor for the Senate Committees on Natural Resources, Energy & Water and Public Safety. She most recently served as Arizona’s Deputy Land Commissioner and has experience in both public and private sector land use and natural resource policy.
Abigail McLain will begin on Sept. 8 as Policy Advisor for the Senate Committees on Finance and Health & Human Services. A graduate of Grand Canyon University, McLain previously worked on the government relations team at Alliance Defending Freedom, focusing on First Amendment policy.
“These new additions and promotions ensure that the Arizona Senate Majority Caucus has one of the most experienced and capable legislative staff teams in the country,” Petersen said in a statement. “They will play an important role in helping us deliver results for Arizona families.”
The updated Majority Staff roster includes:
- Josh Kredit, Chief of Staff
- Fletcher Montzingo, Deputy Chief of Staff; Policy Advisor for Appropriations & Transportation, Finance
- Rusty Crandall, General Counsel; Policy Advisor for Director Nominations, Ethics, Judiciary & Elections, Rules
- Brooke Huppenthal, Deputy General Counsel; Policy Advisor for Judiciary & Elections, Military Affairs & Border Security
- Kim Quintero, Director of Communications
- Alayna Kowaleski, Deputy Director of Communications; Policy Advisor for Federalism, Joint Legislative Audit
- Blaze Baggs, Senior Policy Advisor for Health & Human Services, Government
- Simone Westbrook Hall, Senior Policy Advisor for Natural Resources, Energy & Water, Public Safety
- Emma Blair, Policy Advisor for Education, Appropriations & Transportation, Regulatory Affairs & Government Efficiency
- Abigail McLain, Policy Advisor for Health & Human Services, Finance, Government
- Gina Jenkins, Senior Executive Assistant
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
by Matthew Holloway | Aug 28, 2025 | News
By Matthew Holloway |
Last week, Arizona’s Democrat Attorney General Kris Mayes issued an opinion stating that roughly 200,000 voters mistakenly listed in state election records as having provided proof of U.S. citizenship should remain on the rolls, despite questions about their citizenship status and potential conflicts with Arizona law.
As reported by AZ Free News in November of last year, 218,000 voters were confirmed by Senate President Warren Petersen to have obtained their driver’s licenses prior to the 1996 requirement to apply with proof of citizenship, went on to get a duplicate license, and then registered to vote for the first time or re-registered to vote after 2004.
For over 20 years, they were caught up in a compatibility issue between the Arizona Department of Transportation (ADOT) and the state’s voter registration system.
According to VoteBeat’s Jen Fifield, AG Mayes’ opinion marks a notable departure from how election officials have been working to remedy the problem with counties issuing notices to voters in an attempt to collect the information.
“If an Affected Voter responds by providing such evidence, that should dispel doubt,” Mayes wrote. “But if an Affected Voter does not respond, the mere lack of response does not, under current law, authorize the county recorder to cancel the voter’s registration, in whole or in part.”
Fifield, citing the Arizona Attorney General’s manual, noted that it is unclear whether or not the county election officials will conform to Mayes’ formal opinion, which is advisory in nature and does not carry the force of law.
“County recorders may take steps to inquire whether the affected voters are U.S. citizens, including by asking them to provide satisfactory evidence of citizenship,’’ Mayes wrote.
Mayes’ opinion came in response to a request made in May by fellow Democrat Arizona Secretary of State Adrian Fontes. In a statement, Fontes said he has appreciated Mayes’ guidance, writing, “The opinion stands for the notion that these folks have a right to vote,’’ he told the AZ Capitol Times.
“And it falls to the government to prove otherwise–which is the way every other accusation, every other denial of rights exists,” Fontes said. “So the burden has shifted back to where it belongs.’’
In a statement, Fontes wrote, “The consistent treatment of voters caught up in this situation between counties is most important to ensure everyone’s voting rights are protected. I am glad we now have a clear path forward.”
Arizona Republican Party Chairwoman Gina Swoboda agreed with Mayes’ opinion, in particular her assessment of the county recorder’s limited authority to cancel registrations.
“If the recorders have affirmative proof that one of the voters is a non-citizen, they may initiate a notice and cancellation process,” Swoboda told the AZ Capitol Times. “But they may not otherwise do so because of this error.”
Coconino County Recorder Aubrey Sonderegger told the Arizona Republic that the news was welcome. “It’s exactly what Coconino County has been doing all along,” she said. “We have more than cut our list in half.”
She added that “These people weren’t doing anything nefariously” but were merely caught up in the timing of the voter registration standard changing. “I’m very relieved to hear the AG opinion,” she said. “It just means we can keep doing what we’ve been doing.”
According to the Secretary of State’s office, the current number of affected voters stands at 202,760. Maricopa County Recorder Justin Heap issued a notification on June 26, 2025, to the 83,000 county voters on the list, informing them that they must submit proof of citizenship within 90 days. Failure to do so will result in reclassification as federal-only voters, and they will not be issued state and local ballots.
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.
