President of group that sued to block restrictions on ballot drop box monitoring applauds his legal win

PHOENIX — A conservative nonprofit that sued to block new rules in Arizona’s elections manual won support from a Maricopa County judge earlier this week.

Barring a reversal on appeal, that means the rule changes designed to deter voter intimidation tactics can’t be enforced.

Scott Mussi is the president of the group that filed the lawsuit: the Arizona Free Enterprise Club. He joined KTAR News 92.3 FM’s Arizona’s Morning News to explain his stance on Thursday.

“We filed this lawsuit because, simply put, [Secretary of State] Adrian Fontes included language in his election procedures manual that exceeded statute and was unconstitutionally overbroad,” Mussi said. “It constrains speech rights.”

Background of lawsuit over Arizona’s Elections Manual

The Arizona Free Enterprise Club filed a complaint against Adrian Fontes and his office, which produces the manual, in February.

The group argued that new rules designed to protect voters and poll workers violated free speech protections.

Some of those new rules in the manual said election officials could restrict activities that interfere with access to ballot drop-off locations. It also gave examples of actions that classify as voter intimidation or harassment, such as following someone bringing ballots to a drop box or taunting election workers.

A judge agreed with the group in a ruling issued Tuesday, saying the new provisions the secretary of state’s office made to the manual were unconstitutional and impossible to enforce.

“I think the judge was correct. I would encourage everybody to read the ruling … outlining this, because it’s very clear,” Mussi said. “These terms that he included in the election procedures manual are overly broad. They infringe on people’s constitutional rights to engage in the election process.”

Updates designed to stop voter intimidation unnecessary, he says

Mussi said the activities the manual defines as voter harassment and intimidation are already not allowed under state law.

“There’s laws against the things that he’s describing,” Mussi said. “For example, he’s talking about blocking people. … There’s already statutes against harassing other people.”

Furthermore, he said the language describing activities that aren’t allowed at voting centers is constricting.

“It includes language that says if you raise your voice or say things that are offensive, and these things are undefined,” Mussi said. “If these things are enforced, you can be not only kicked out of the polling location, but you could be prosecuted.”

Arizona Free Enterprise Club president responds to Fontes

Fontes told Arizona’s Morning News on Wednesday that he wants to file an appeal to protect voters and poll workers during the general election on Nov. 5.

During the interview, Fontes called the lawsuit against the rules intended to protect voters “wrongheaded.” He also accused the Arizona Free Enterprise Club of wanting voters to be followed to and from their vehicles at polling locations.

Mussi vehemently disagreed.

“Those comments and claims are outrageous, and only vindicates that we were correct in filing this lawsuit,” Mussi said. “We’re supposed to believe that he’s not now going to use this vague language that he included in the election procedures manual to impinge on people’s First Amendment rights?”