Arizona: Appeals court deals final blow to GOP’s elections rulebook challenge | Caitlin Sievers/AZ Mirror

After nearly two years of court rulings, with wins and losses on both sides, one of the Republican challenges to Arizona’s elections rulebook is finally finished. On Dec. 5, the Arizona Court of Appeals dismissed a legal challenge to the state’s 2023 Election Procedures Manual that had been brought by the Republican National Committee, the Arizona Republican Party and the Yavapai County Republican Party. Every two years, the secretary of state is tasked with creating a new EPM, outlining procedures and rules for county elections officials to implement state election laws when they conduct elections in the state. The manual carries the force of law, and must be approved by the governor and attorney general — offices both currently held by Democrats — before it’s published. Read Article

Arizona: Lawsuit seeks change to Independent Party’s name | Ray Stern/Arizona Republic

The decision to let the state’s No Labels Party change its name to the Arizona Independent Party should be declared unlawful and reversed, a new lawsuit demands. Citing worries of “a virtual certainty of substantial voter confusion and frustration,” the Arizona Citizens Clean Elections Commission’s suit targets Secretary of State Adrian Fontes, who made the October decision to make the name change official on Dec. 1. The commission, which filed the lawsuit Dec. 2 in Maricopa County Superior Court, charges that Fontes’ decision interferes with the agency’s duties to support candidates and educate voters and election officials, violating the 1998 Citizens Clean Elections Act that created the agency. The commission oversees public campaign financing for eligible candidates and provides voter education, including organizing candidate debates. Read Article

Arizona proposal would end automatic mail ballots for early-voter list | Gary Grado/Votebeat

A Republican state lawmaker who is also running for secretary of state has introduced a proposed ballot measure that would overhaul early voting in Arizona by eliminating the early-voter list, shortening the time to cast early ballots, and requiring proof of citizenship to receive an early ballot. State Rep. Alex Kolodin, who as a lawmaker and a former lawyer for the Arizona Republican Party has pushed to abolish the state’s early-voter list, said in a press release that he’s pushing legislation to put the measure on the ballot because “Arizonans are tired of excuses and chaos on Election Day.” Some provisions of his proposed measure are already in state law, including a poll closing time of 7 p.m. on Election Day and a voter ID requirement. Read Article

Arizona: Johnson to Seat Grijalva, Seven Weeks After She Was Elected | Anushka Patil/ The New York Times

Speaker Mike Johnson plans to swear in Representative-elect Adelita Grijalva of Arizona as a member of Congress on Wednesday, according to his office, 50 days after her election, as the House returns from an extended recess. Ms. Grijalva, a Democrat, won a special election on Sept. 23 for the Arizona seat left vacant by the death of her father, Representative Raúl Grijalva. Mr. Johnson had since refused to seat her, despite several opportunities to do so, public pleas, a Democratic pressure campaign and, eventually, a federal lawsuit brought by Ms. Grijalva and the attorney general of Arizona that argued that Mr. Johnson had no authority to continue to stall. The delay prevented Ms. Grijalva from freely entering and moving about the Capitol complex, or having access to the budget or the materials she needed to do her job. As recently as Tuesday afternoon, she told NPR that she had not heard directly from Mr. Johnson’s office about the swearing-in and that she was “90 percent” confident it would happen at last. She said on social media on Monday that she was traveling to Washington after hearing from news reports and Representative Hakeem Jeffries, the minority leader, that she could soon be seated. Read Article

Arizona: Judge won’t halt audit of Maricopa County voter registration system | Gary Grado/Votebeat

A Maricopa County Superior Court judge on Thursday rejected Maricopa County Recorder Justin Heap’s request to halt an audit of the county’s voter registration system and election technology.Judge Scott Blaney wrote that he was initially concerned voters’ personal information would be at risk, but was “credibly informed” that the county and vendor had a comprehensive nondisclosure agreement and the vendor’s personnel had undergone background checks. Blaney also found “that the Recorder has not established that the Board’s actions with regard to the assessment violate any Arizona statute.”What’s the dispute? The emergency hearing over the audit of the voter registration system on Monday was one part of a larger legal fight between Heap and the county Board of Supervisors over how election duties and authority should be divided between them. Read Article

Arizona: Johnson sets record refusing to swear in Adelita Grijalva for 36 days after she won election | Caitlin Sievers/Arizona Mirror

U.S. Rep.-elect Adelita Grijalva unwillingly set a record on Wednesday with her 36-day wait to be sworn in to represent the state’s 7th Congressional District.The Tucson Democrat easily won a Sept. 23 special election in the deep blue southern Arizona district formerly represented by her father Raúl Grijalva, who died of cancer in March. But Mike Johnson, the Republican speaker of the U.S. House of Representatives has refused to swear in Grijalva, using a range of excuses, the most frequent of which is the federal government shutdown, which began Oct. 1. Read Article

Arizona Supreme Court hands Democrats win on election policy, but GOP changes still possible | Ray Stern/Arizona Republic

Arizona Secretary of State Adrian Fontes praised a recent decision by the state Supreme Court that gives him more control over election policies, calling a lawsuit that prompted the ruling a political ploy. The Oct. 16 decision declared that the Arizona Administrative Procedure Act, a comprehensive set of rules found in state law governing the workings of state agencies, cannot bind the creation of the state’s Elections Procedures Manual. The elections policy manual is updated every two years by the Secretary of State’s Office. It serves as a guidebook to election policy in the state but must comply with state and federal law. Once approved by the governor and state attorney general, it’s a crime to deviate from it during elections. Read Article

Arizona says it will sue Mike Johnson if he does not swear in new rep – and likely trigger the release of the Epstein files | Joe Sommerlad/The Independent

House Speaker Mike Johnson has been threatened with legal action by Arizona Attorney General Kris Mayes over his ongoing failure to swear in her state’s new Democratic congresswoman-elect, Adelita Grijalva. Grijalva, 54, won a special election in Arizona’s 7th congressional district on September 23, comfortably beating Republican Daniel Butierez by picking up 69 percent of the vote to his 29 percent, and will, eventually, succeed her late father, Raul Grijalva, who passed away in March. In a letter sent to the speaker on Tuesday, Mayes wrote: “Arizona’s right to a full delegation, and the right of the residents of CD 7 to representation from the person they recently voted for, are not up for debate and may not be delayed or used as leverage in negotiations about unrelated legislation.” Read Article

Arizona Election rulebook submitted for approval despite threatened GOP lawsuit | Jerod MacDonald-Evoy/Arizona Mirror

The Election Procedures Manual, which must be revised and approved every two years, has undergone changes after previous Republican lawsuits challenged provisions in it. Some of those changes included deleted examples of what constitutes voter intimidation and deleting a paragraph saying that the secretary of state could finalize the state’s election results without a particular county’s results if the officials missed the state deadline. “Every voter, in every corner of Arizona, should have the same fair and secure election process,” Fontes said in a statement Wednesday about the submission. “The EPM makes that possible.” The manual also aims to try to alleviate ballot printing errors that have plagued election officials in recent years. Both Hobbs and Mayes must sign off on the EPM by December for it to take effect. Read Article

Arizona: Federal court blocks election manual’s rule on voter intimidation | Jen Fifield/Votebeat

A panel of judges from the 9th U.S. Circuit Court of Appeals ruled that Arizona Secretary of State Adrian Fontes’ rules restricting activity around polling places cannot be enforced. The judges let stand another rule related to what happens if counties don’t certify their election results. The ruling will shape Arizona’s next Election Procedures Manual, which instructs election officials on how to comply with state election laws. While Fontes already released a new draft manual for the 2026 elections, he will be revising the rules until they are approved by the attorney general and governor by the end of this year. Read Article

Arizona counties defy attorney general opinion on voters caught in proof-of-citizenship error | Jen Fifield/Votebeat

Thousands of Arizona voters caught up in a state record-keeping error will lose at least some voting rights if they don’t prove their citizenship, despite a recent opinion from the state attorney general saying they should remain fully eligible to vote. In Maricopa County, affected voters who don’t provide documentary proof of citizenship in time will be allowed to vote only in federal elections, according to public records obtained by Votebeat. And neighboring Pinal County will continue to suspend the registration of any voters affected by the error if they try to change their address or otherwise update their record without providing citizenship documentation, the county recorder’s office confirmed. Read Article

Arizona’s Cochise County, known for election turmoil, may challenge state laws again ahead of 2026 | Jen Fifield/Votebeat

When the Cochise County supervisors sat down to talk about elections in August, they were well aware of what happened the last time the county’s leaders tried to test the limits of state law. The rural Arizona county on the Mexican border is where, during the 2022 midterm election, two Republicans on the Board of Supervisors devised a plan to ditch the machines used for elections and instead hand-count votes, before a judge foiled their plan. They then delayed the vote to finalize the county’s results until the same judge ordered them to certify them. Supervisor Tom Crosby, who was re-elected last year, is awaiting a criminal trial on charges related to his actions during that election. And the county’s two new supervisors, also both Republicans, know his story well, and have been warned by the secretary of state about the election rules they must follow. Read Article

Arizona voters caught up in state error should keep full voting rights, attorney general says | Jen Fifield/Votebeat

Arizona voters who were caught up in a state error tracking citizenship should keep their full voting rights, according to Arizona Attorney General Kris Mayes. Her opinion, issued Monday, marks a turning point in the debate among officials over how to handle the eligibility of the roughly 200,000 voters, who were erroneously listed in state records as having provided proof of U.S. citizenship even though they hadn’t been asked to. Arizona requires such proof to vote in state and local elections, and counties have been sending notices to voters to try to collect the information. Mayes, a Democrat, said county recorders cannot legally suspend these voters’ registrations or make them eligible only for federal elections if they now fail to respond to these notices. Read Article

As Arizona adopts new system for overseas voters, some officials sound alarmncern | Jen Fifield/Votebeat

Overseas voters who are registered in Arizona are receiving their ballots this week in a new way for the state’s special congressional election — but at least a few county officials are worried that the new system isn’t ready, and say they didn’t have enough time to notify voters of the change. Secretary of State Adrian Fontes announced the launch of the new system on Friday for military and overseas voters who are registered to vote in Arizona and eligible to vote through the federal Uniformed and Overseas Citizens Absentee Voting Act, or UOCAVA. These voters will now cast their ballots through a web portal run by an outside vendor, technology company Enhanced Voting, rather than using an in-house system. Fontes’ office is promoting the change as a long-needed upgrade that will allow overseas voters to cast their ballots anonymously and fully electronically for the first time. “This new system is a leap forward in ensuring that every eligible voter, no matter where they are in the world, can easily cast a ballot that is both secure and truly anonymous,” Fontes wrote in a news release. Read Article

Arizona Secretary of State Adrian Fontes cuts staff, citing tight budget | Jen Fifield/Votebeat

Arizona Secretary of State Adrian Fontes is eliminating several top positions in his office, citing budget constraints. On Wednesday, his communications director confirmed that three staffers — George Diaz, director of government relations; JP Martin, deputy communications director; and Angie Cloutier, security operations manager — are being dismissed. Fontes’ office oversees statewide elections as well as the state library, archives, and business services. Read Article

Arizona: Maricopa County recorder privately lobbied supervisors for election control | Jen Fifield/Votebeat

Maricopa County Recorder Justin Heap privately pleaded with two county supervisors to support his bid for more power over the county’s elections, text messages obtained by Votebeat show. The messages, which county supervisors provided to Votebeat in response to a public-records request, include previously unreported behind-the-scenes conversations and confrontations as Heap negotiated with the supervisors board early this year over how to divide election duties in the closely watched swing county. “I really thought you guys would come through for me,” Heap wrote to Supervisor Mark Stewart, a fellow Republican, in March after a counterproposal from the supervisors. “This was the last straw for me, Mark.” Heap sued supervisors in June after the negotiations over an agreement governing the division of election duties fell apart. County supervisors countersued this month, and the lawsuit is pending in county court. The breakdown means that as the time to start preparing for next year’s midterm elections approaches, the division of duties between the recorder and supervisors remains in dispute. Read Article

Arizona election officials unload on Trump’s CISA after website hack | Derek B. Johnson/CyberScoop

Arizona election officials say a hack targeting a statewide online portal for political candidates resulted in the defacement and replacement of multiple candidate photos with the late Iranian Ayatollah Ruhollah Khomeini. While officials say the threat is contained and the vulnerability has been fixed, they also blasted the lack of support they’ve received from the federal government, claiming the Cybersecurity and Infrastructure Security Agency is no longer a reliable partner in election security under the Trump administration. Michael Moore, the chief information security officer for Arizona’s Secretary of State, told CyberScoop that his office first became aware that something odd was happening on June 23, while many officials were at a conference. One user managing the candidate portal noticed that one of the candidate images uploaded to the site didn’t “make sense” because it appeared to be a picture of Khomeini. The next day they were notified that candidate profiles going back years had also been defaced with the same picture. Read Article

Arizona: Hackers who breached election website aimed at other targets, too | Jen Fifield/Votebeat

Arizona officials say they have “moderate confidence” that the Iranian government or its affiliates are responsible for a cyberattack that breached the state’s candidate web portal last month, and say the same actors attempted to breach servers for other agencies in Arizona and elsewhere. The hacker gained access to a server at the Arizona Secretary of State’s Office on June 23 and began changing candidate profile photos that appear on the state’s election results website, according to office officials. The hacker changed all of the photos to the same image — a red and black image of Ayatollah Ruhollah Khomeini, leader of the 1979 revolution that established Iran as an Islamic republic. Read Article

Arizona: Hacker breaks into election website with candidate profiles –  Jen Fifield/Votebeat

A hacker gained access to the web portal Arizona candidates use to upload information about themselves and changed candidate profile photos that were live on the election results website, just three weeks before the special congressional primary election, Votebeat has learned. The Secretary of State’s Office realized the system had been breached, shut down the candidate portal the week of June 23, and kept it offline for a week, according to JP Martin, an office spokesperson. Martin said officials flagged the problem upon noticing unusual activity. He said he did not know what kinds of photographs had been improperly posted, or which candidate photos were changed. Read Article

Arizona’s Democracy Shield, Secretary of State’s Office Fights Off | Taylor Johnson/Hoodline

Arizona’s Secretary of State’s office recently managed a cybersecurity skirmish, fending off what it described as a “malicious adversary” that had eyes on the state’s election-related systems. According to an official statement released by the office and obtained by AZ SOS, the attempted incursion focused on the website, specifically the Candidate Portal, which required temporary offline measures to beef up security protocols. The attack hit home the message that threats to election integrity are not just hypothetical but pressing and immediate. The state’s top election official, Secretary Adrian Fontes, laid out a stark picture of the digital battlefield where Arizona’s voter registration database remained unscathed during the cyber assault, noting, “Since day one, I’ve warned that foreign adversaries, particularly Iran, are actively targeting our election infrastructure and political systems.” Read Article

Proposed Arizona settlement recommends more warnings for voters coming off early-voting list | Jen Fifield/Votebeat

Arizona election officials would be instructed to provide more notice to voters who are at risk of being removed from the state’s early-voting list, under a conditional legal settlement with voting rights groups. The settlement, which was filed in court Monday and is still subject to final approval, would resolve a longstanding challenge to a 2021 law that eliminated the state’s Permanent Early Voting List. The agreement says voters who face removal should be notified two additional times before they are taken off the list, and once afterward. The agreement does not appear to impose any new notification requirements on county recorders, who manage county voter rolls. What it would do is provide suggested best practices for how the recorders should implement the law, including the schedule of notices. Because the additional notices wouldn’t be required, voters across the state could face unequal treatment as recorders begin implementing the law for the first time in 2027. Read Article

Arizona tries again to ensure that manual audits of election results get done | Jen Fifield/Votebeat

In Arizona, where distrust in elections runs high, many people agree that a manual check of election results could help boost confidence. And state law requires counties to do such audits. Yet they aren’t always happening. That’s because state law has strict conditions on who appoints the workers, who participates, and when it happens. If those conditions can’t be met, the elections director cancels the audit. Lawmakers have tried to change state law before to make sure the audits — which examine votes cast on a certain percentage of ballots in a set number of races — actually happen in each county. This year, they are trying again. Read Article

Arizona lawsuit centers on power struggle over elections in Maricopa County | Sejal Govindarao/Associated Press

The top elections official in one of the nation’s most pivotal swing counties is suing the Maricopa County governing board over allegations that it’s attempting to gain more control over how elections are administered. County Recorder Justin Heap filed a lawsuit Thursday in state court with the backing of America First Legal, a conservative public interest group founded by Stephen Miller, who is now the White House deputy chief of staff. Heap, a former GOP state lawmaker who has questioned election administration in Arizona’s most populous county, has been at odds with the Maricopa County Board of Supervisors for months over an agreement that would divide election operations between the two offices. Read Article

How Arizona is lining up the next generation of election workers, as more people leave the field | Jen Fifield/Votebeat

In Arizona, where each election is closely watched, officials are under such intense pressure to conduct elections perfectly, that some counties hire a person whose sole duty is ensuring that all laws are followed. Filling that compliance officer spot isn’t easy. It needs to be someone who knows the complex, technical side of conducting elections, and also is well-versed in all the rules officials must follow. This year, though, Pima County had a candidate who not only had the right skills and interests, but also had been trained already. Constance Hargrove, elections director in the state’s second-largest county, said she was thrilled when a young law student named Carly Morrison came to her and said she wanted the job. “I’m like, ‘Yes!’” Hargrove said, pumping both of her fists. “That was awesome.” Read Article

Arizona: Maricopa County Recorder sues county supervisors over election powers | Jen Fifield/Votebeat

Maricopa County Recorder Justin Heap is suing the county’s supervisors, claiming they are illegally trying to seize control of the county’s elections. The lawsuit, which Trump-aligned group America First Legal filed Thursday on Heap’s behalf, claims that the supervisors “engaged in an unlawful attempt to seize near-total control over the administration of elections.” It specifically states that Heap wants control over the information technology staff that manages the county’s voter registration system, and that the board has prohibited him from accessing certain areas of the elections building that he needs entry to for early voting purposes. The legal action comes after a months-long feud over control of elections between Heap, a Republican who took office in January, and the Republican-controlled board. The dissension has cast doubt on the officials’ ability to work together to run the elections in the closely scrutinized swing county. Read Article

Justice Department targets Arizona and Wisconsin over compliance with federal election law | Alexander Shur andJen Fifield/Votebeat

The U.S. Justice Department has sent letters to election officials in at least two key swing states, threatening action against the states if they don’t comply with provisions of a 2002 federal election law. Lawyers from the department’s civil rights division sent letters in recent weeks to both Arizona and Wisconsin. The Arizona letter said that state officials are not properly verifying voters’ identities as dictated by the Help America Vote Act, and warned of a lawsuit. The Wisconsin letter said the Wisconsin Elections Commission is not properly resolving administrative complaints as required by the same law, and threatened to withhold federal election funds over that issue. The Justice Department recently sued North Carolina also, claiming that the state has not been properly verifying voter identity. Read Article

Arizona: Mohave County supervisor pushes for legal immunity for hand counted ballots | Howard Fischer/Arizona Capitol Times

Ron Gould contends that Mayes constitutes a “real threat” to his powers and duties to certify elections simply because he believes that supervisors should be able to order a complete hand count. However, so far, he has been unable to make his arguments after a trial judge last year dismissed his lawsuit, stating that he had not shown any imminent threat of prosecution. Now Gould is asking the state Court of Appeals to issue a ruling declaring he has a legal right to pursue the case and directing Maricopa County Superior Court Judge Bradley Astrowsky to let him present his evidence. The new bid is getting a fight from Assistant Attorney General Alexander Samuels. He is telling the appellate court that Gould’s claims are “speculative,” especially as he has “not articulated a concrete plan to violate the law” in the future. And there’s something else. Samuels pointed out that state law requires the use of electronic tabulation of ballots, not the kind of hand count that Gould has pushed for in the past and may be seeking in the future. He noted that Gould is not challenging the legality of that law, but simply wants a declaration that he can’t be prosecuted for breaking it. Read Article

Arizona: Ruling lets Cochise County throw out local election result over mail-ballot mistake | Jen Fifield/Votebeat

An Arizona judge is allowing Cochise County officials to throw out the results of a local tax election after challengers identified a requirement in state law that they said the county didn’t follow — one that applies only to a specific kind of election and that other counties haven’t followed in the past. The case involves the county’s May 2023 all-mail election on a proposed tax to fund construction of a new jail. The Arizona Court of Appeals found last year that the county erred by not sending ballots to its 11,000 inactive voters. Because of that error, the county supervisors’ plan to redo the election is reasonable and legal, visiting Judge Michael Latham of the Cochise County Superior Court ruled May 22. Arizona counties typically send ballots only to active voters, but the appeals court found that for local taxing district elections — such as the Cochise jail election — the law required officials to send ballots to inactive voters as well. Read Article

Arizona: Maricopa County proposal to send out unsolicited mail ballots has a history | Jen Fifield/Votebeat

When Maricopa County Recorder Justin Heap proposed sending mail ballots for a July election to a group of voters who hadn’t requested them, the suggestion seemed to come out of nowhere. Heap’s plan especially shocked his fellow Republicans, including the county supervisors, who have been clashing with him over election policy and who quickly voted to try to block it. GOP Chairwoman Gina Swoboda told Heap in a letter that his plan would be ill-advised and illegal. But Heap has defended his plan as a way to avoid disenfranchising rural voters who would otherwise have to drive unreasonably long distances to vote in person. And there’s some history that helps explain why Heap, who is aligned with the GOP’s arch-conservative Freedom Caucus and who campaigned on a platform of “election integrity,” would suggest such a move. Read Article

Arizona judge deals blow to case over 2020 Republican electors | Yvonne Wingett Sanchez and Patrick Marley/The Washington Post

An Arizona judge has ordered state prosecutors to send back to a grand jury a case in which Republicans were charged last year for their alleged roles in trying to overturn the 2020 election, potentially jeopardizing the high-profile indictments. Maricopa County Superior Court Judge Sam J. Myers sided with the Republicans and found that prosecutors failed to provide the grand jury with the text of an 1887 federal law that is central to the Republicans’ defense. The law, known as the Electoral Count Act, spells out how presidential electoral votes are to be cast and counted. “We are extremely pleased with the court’s ruling, and we think the judge got it exactly right,” said Stephen Binhak, the attorney who spearheaded the effort to get the case back to a grand jury. The decision is a major setback for Arizona Attorney General Kris Mayes (D), who promised to appeal the ruling so she could keep the prosecution going. Read Article