Maricopa County judge strikes down Fontes election rule ahead of 2026 vote

PHOENIX — A Maricopa County judge has struck down a key provision of Arizona’s Elections Procedures Manual (EPM), ruling that Secretary of State Adrian Fontes overstepped his authority in trying to change how counties handle out-of-precinct voters.

Judge Scott Blaney declared the rule “void and unenforceable” Friday and blocked Fontes from instituting it.

What did the judge stop Fontes from doing?

The provision would have required counties to load every ballot style onto Accessible Voting Devices (AVD), machines designed for voters with disabilities, and count provisional ballots cast by voters who showed up at the wrong precinct.

This, argued the Secretary of State’s office, made it easier for voters with disabilities to cast their ballot.

Pinal County argued the rule was a way to sidestep the law, moving the county away from a traditional precinct-based system into a vote center model. Under state law, changes to the precinct model requires approval from the county Board of Supervisors.

The Pinal County Board of Supervisors has never approved the use of voting centers.

“The Secretary may not require counties to adopt de facto vote centers even if there is no statute explicitly prohibiting him from regulating what ballot styles are on AVDs,” Judge Blaney wrote in a decision Friday. “The Secretary cannot accomplish indirectly what he is not permitted to do directly.”

The court also found Fontes’ plan could “disenfranchise disabled voters by creating long lines at AVD machines” in a county which uses only 124 AVDs.

The Secretary of State’s office weighs its options

In a statement to KTAR News 92.3 FM, the Secretary of State’s office said it was disappointed by the ruling.

“Our office is disappointed that the judge’s ruling will make it harder for voters with a disability to vote in Pinal County than in any other county in Arizona,” Director of Communications Calli Jones said.

Jones added that the office is weighing its next steps but emphasized that the ruling affects “only one very small provision” in a manual that otherwise provides clear guidance to counties.

“The 2025 EPM was written in collaboration with county recorders and election directors and approved by the AG and Governor’s Office,” Jones said. “This document, which carries the force of law, has proven to be a sound guiding light as we head into the election season.”

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