Understanding the Arizona Secretary of State’s Role in Election Canvassing: Legal Overstep or Procedural Misunderstanding?
Judge's Ruling on Election Canvassing Authority
Latest from Phoenix, a recent ruling by Maricopa County Superior Court Judge Scott Blaney has stirred up the sands of Arizona's election manual. The ruling invalidates significant provisions, including one which mandated that the Secretary of State must canvass election results, irrespective of whether all counties have certified their ballots. The hook here lies in the contention that Arizona Secretary of State Adrian Fontes had overstepped his authority by enforcing this rule in the 2023 Elections Procedures Manual.
Implications of the Court's Decision on Election Procedure
The 2023 Election's Procedures Manual, as crafted by Fontes, required statewide certification of elections results to progress, even if the vote tallies from every county in the state were not in. This ruling undermines that requirement, causing statewide election processes to potentially face significant changes. A spokesperson for the Secretary of State’s office stated that they are currently evaluating the court's ruling.
Exploring Past Refusals to Certify Ballots in Arizona
Historically, county officials in Arizona have refused to certify votes, invariably leading to delays and disruption to the election process. One such account dates back to October, before this ruling was made, where a Cochise County official pled guilty to a misdemeanor related to her refusal to certify results in the 2022 midterm election.
Secretary of State's Justification of Stricter Deadlines
Fontes had argued the need for a strict deadline for submitting Arizona's election results justified the rule. Judge Blaney conceded the necessity for adhering to deadlines but declined that this warranted the exclusion of a county's election results.
Understanding the Legalities of Election Canvassing
In his decision, Blaney stated, “Nothing in the statutes permits the Secretary to exclude a particular county’s canvass and/or, by extension, disenfranchise the entirety of the county’s voters.” He highlights the constitutional roadblocks in the Secretary's path, stating, “The Secretary does not have the authority to read such a drastic course of action into the governing statutes”.
Bipartisan Perspectives on The Secretary’s Actions
In the lawsuit filed on behalf of the Legislature, Arizona Senate President Warren Petersen and House Speaker Ben Toma, both Republicans, accused Fontes, a Democrat, of overstepping his authority by updating rules in the manual. Meanwhile, the manual update issued in December 2023 had been approved by Arizona Gov. Katie Hobbs and Attorney General Kris Mayes, also Democrats.
Reactions from Arizona Republicans and Broader Implications
Arizona Republicans have hailed the decision as a win for the rule of law and election integrity. “Secretary Fontes attempted to overstep his authority, but the court recognised these actions for what they were — unlawful and unenforceable,” Toma declared in a statement, setting the tone for potential political fallout.
Future Implications on Election Protocols
This ruling is expected to bring significant changes in the landscape of Arizona's election protocols. The authority of the Secretary of State and his role in administering the process of election canvassing will, no doubt, be drawn out under closer scrutiny. Whether this will lead to a more democratic, fair, and transparent electoral process or plunge the state further into procedural chaos, only time will tell.
Originally Post From https://abcnews.go.com/US/wireStory/arizona-secretary-state-overstepped-authority-elections-manual-judge-116969361
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