September 2, 2005
PHOENIX, ARIZONA— Arizona Senate President Warren Petersen is demanding immediate corrections to the
Secretary of State's draft of the 2025 Elections Procedures Manual (EPM), warning that if the unlawful provisions
remain, the Legislature will take the matter to court.
"The Elections Procedures Manual cannot be used as a vehicle to rewrite Arizona law," said President Petersen.
"This draft is filled with provisions that go far beyond the Secretary of State's legal authority, and if they are not
corrected before submission, litigation will follow."
The EPM serves as the rulebook for how elections are carried out in every Arizona county. By law, it must align
with existing statutes and be approved by both the Attorney General and Governor before it can take effect.
President Petersen emphasizes the current draft undermines this process by creating new rules that conflict with
state law and weaken election safeguards.
Areas of concern highlighted in the legislative review include:
• Allowing apparent non-citizens an extended opportunity to "cure" invalid registrations, which state law prohibits.
• Ignoring identification requirements for voter registration forms.
• Restricting the ability to challenge questionable ballots.
• Excusing petition circulator registrations that violate statutory requirements.
• Failing to implement robust ballot chain-of-custody requirements and observation rights.
• Diluting political party authority to select poll workers.
• Forcing election officers to sign onto policies that compromise their constitutional rights.
• Weakening contingency planning for equipment breakdowns that disrupt voting.
President Petersen adds the Secretary of State has repeatedly resisted statutory requirements, and this latest draft
continues this pattern.
"Our election laws are passed by the Legislature and signed by the Governor – not invented by one officeholder,"
said President Petersen. "If the Secretary of State wants rules changed, he should propose legislation like everyone
else. Until then, we will insist that Arizona's election manual follow the law as written."
Wednesday, September 3, 2025
FOR IMMEDIATE RELEASE
Speaker Montenegro Calls Out Fontes’ Elections Manual for Illegal Provisions and Overreach
STATE CAPITOL, PHOENIX – Arizona House Speaker Steve Montenegro has filed formal concerns with Secretary of State Adrian Fontes, warning that several provisions in his draft 2025 Elections Procedures Manual (EPM) override state law and repeat overreaches already struck down by Arizona courts.
“Arizonans expect elections to be run according to the law, not rewritten to fit the Secretary of State’s partisan agenda,” said Speaker Montenegro. “Secretary Fontes’ draft manual again contradicts Arizona statutes, weakens safeguards against non-citizen voting, undermines legislative authority, and even pressures election officers to surrender their constitutional rights. Such abuses erode trust in our elections and will not stand.”
Speaker Montenegro identifies multiple provisions that conflict with statute and court rulings, including:
- Allowing non-citizens to “cure” defective registrations up to Election Day, even after a county recorder’s database shows non-citizen status.
- Permitting voter registrations without required ID numbers or affirmations.
- Barring challenges to early ballots based on lack of proof of citizenship.
- Excusing incomplete petition circulator registrations already found illegal by the courts.
- Weakening political parties’ statutory right to select poll workers.
- Conditioning election officer certification on signing a “Code of Conduct” that extends beyond statute and infringes First Amendment rights.
Speaker Montenegro also urged revisions to sections that could compromise ballot chain of custody, restrict party observers from monitoring ballot handling, and delay responses to equipment failures on Election Day.
“Arizona law is clear: the Legislature writes the rules for elections,” Speaker Montenegro added. “The Secretary of State does not get to invent new ones. If Fontes refuses to correct these unlawful provisions, the courts will.”
The Elections Procedures Manual must be approved by both the Governor and the Attorney General before it can take effect.
Steve Montenegro is the Speaker of the Arizona House of Representatives and serves Legislative District 29 in the West Valley, Goodyear, and Surprise. Follow him on X at @SteveMontenegro.