Provisions in Arizona’s election rulebook restricting voters’ free speech are “unenforceable,” a state judge ruled on Monday.
Writing for the Maricopa County Superior Court, Judge Jennifer Ryan-Touhill determined that the 2023 Election Procedures Manual (EPM) issued by Secretary of State Adrian Fontes, a Democrat, contains guidance that infringes upon Arizonans’ First Amendment right to free speech.
“The EPM’s language has restricted what the Secretary finds acceptable regarding behavior, both speech and acts. Our state constitution guarantees a right to speak freely and is only restricted for an abuse of that right,” Ryan-Touhill wrote.
In Arizona, the EPM provides guidance to election officials relating to mail ballots, voter registration, and other election-related matters. The secretary of state is required to produce the guidance by Dec. 31 of every odd-numbered year and receive approval from the governor and attorney general before it can be finalized for use in elections.
In its initial lawsuit filed against Fontes in February, the Arizona Free Enterprise Club (AFEC) alleged the EPM’s restrictions on activities such as “watching drop boxes, speaking to people at election sites, and photographing activity at election sites” criminalizes conduct “which is plainly protected by the First Amendment and article 2, sections 5-6 of the Arizona Constitution.” That allegation is in reference to provisions within the EPM permitting local election officials to develop measures inhibiting individuals’ ability to observe ballot drop boxes and classifying behavior at polling sites, such as “raising one’s voice or taunting a voter or poll worker,” as
