Petersen v. Fontes

On behalf of a coalition of current and former election officials and administrators, Public Rights Project and Protect Democracy filed an amicus brief on March 25, 2024 urging the court to reject challenges to the 2023 Arizona Election Procedures Manual (EPM). Arizona State Senate President Warren Petersen and Speaker of the House Ben Toma contend that several provisions in the EPM incorrectly interpret state and federal law, and are seeking court intervention to block its use during the 2024 election cycle. The lawsuit is part of a national trend of legal challenges to undermine and disrupt elections administration across the country ahead of the 2024 presidential election. 

The coalition’s brief defends two key EPM provisions. The first prevents county boards of supervisors from changing vote totals or delaying certification of elections. The second protects against frivolous challenges to voter citizenship, based not on evidence but on factors like race or political party. The brief argues that these two provisions are both legally correct and practically important for election officials seeking to conduct fair and efficient elections.

The brief also states that the EPM provides crucial guidance to local election officials, fills gaps in existing laws, resolves ambiguities, and ensures that officials are able to implement fair and uniform election processes. 

Update:
On Dec. 16, 2024, blocked three provisions in the 2023 EPM.