AZ Supreme Court Sides With Arizona Secretary of State Adrian Fontes

PHOENIX – The Arizona Supreme Court has unanimously sided with Arizona Secretary of State Adrian Fontes, ruling that the Administrative Procedures Act does not apply to the Elections Procedures Manual (EPM), reaffirming the long-standing interpretation of A.R.S. § 16-452. This decision brings long-awaited clarity and ensures that Arizona’s election administrators can continue preparing for upcoming elections under the correct, lawful process. “I am relieved and gratified by today’s decision,” said Secretary of State Adrian Fontes. “The rule of law has prevailed. The Court’s unanimous order confirms what every Secretary of State, Republican and Democrat alike, has always understood: the Legislature created a distinct process for adopting the Elections Procedures Manual, and that process stands apart from the Administrative Procedures Act.” “For nearly a year, Arizona’s election professionals have been forced to divert time and taxpayer resources defending against an unnecessary, politically motivated lawsuit,” Fontes continued. “This case was never about improving elections—it was about creating confusion and scoring political points at the expense of our democracy. I am proud that the Court has rejected that approach and restored stability and clarity to Arizona’s election administration.” The ruling reinforces decades of bipartisan precedent and clears the path for the Secretary of State’s Office to continue its work ensuring Arizona’s elections are secure, transparent, and conducted according to law. No Secretary of State, from either party, has ever used the Administrative Procedures Act to promulgate the EPM. In fact, former Secretary Ken Bennett, a Republican, has filed an amicus brief in support of our position, reinforcing the historical precedent that the Administrative Procedures Act does not govern this process. The Administrative Procedures Act is a broad framework for agency rulemaking, but it explicitly allows for exemptions where the Legislature creates an alternative process. That’s exactly what A.R.S. § 16-452 does. Imposing the Administrative Procedures Act on the EPM would not only contradict decades of established practice, it would create unnecessary procedural conflicts that the Legislature clearly intended to avoid. The Secretary of State's office submitted his final draft of the 2025 EPM to the Governor and Attorney General for approval. They have until the end of the year to finalize the document so that a new EPM will be in place for the 2026 election. Although not required by statute, the Secretary of State's office conducted a public comment period for the EPM because the Secretary of State's office believes good governance demands transparency and public input—principles that are essential to maintaining trust in our elections.