In a recent ruling, Arizona House Speaker Ben Toma prevailed in his challenge against parts of the 2023 Elections Procedures Manual (EPM) issued by Secretary of State Adrian Fontes. Representing Glendale, Peoria, and Phoenix, Toma expressed support for the court's decision to invalidate certain sections of the manual, a move that emphasizes the role of the legislature in shaping election laws.
"This is a clear victory for the rule of law, the separation of powers, and the integrity of our elections," Toma stated in a news release. The now-invalidated provisions included a contentious rule on how voter registrations for non-residents should be managed, a leniency towards errors in circulator registrations, and a limitation on the role of county Boards of Supervisors during canvassing. Each, a representative of larger debates on how elections should be conducted and, by whom they should be overseen.
The legal challenge, spearheaded by Speaker Toma and Senate President Warren Petersen, contended that the Secretary of State had overstepped by implementing rules not based on existing law. The Superior Court ruled in their favor, a decision that Speaker Toma views as a reaffirmation of the legislature's primary role in shaping Arizona's election laws.
Secretary of State Adrian Fontes has not yet publicly commented on the court's decision. The ruling, however, could have wider implications as national discussions on election integrity and governance continue. Arizona law affirms that the legislature holds exclusive lawmaking powers, a point reinforced by this ruling, leading to questions about the future of election oversight and the distribution of power within the state.
