Arizona Senate president threatens to sue secretary of state over elections manual

PHOENIX — The Arizona Senate president says he might sue Secretary of State Adrian Fontes over election law.

On Monday, Arizona Senate President Warren Petersen issued a public demand of Fontes to change his draft of the state’s 2025 Elections Procedures Manual by sending a public comment letter to his office.

Petersen is accusing Fontes of allowing unlawful provisions to be in the manual, which is a resource and rulebook about how elections are carried out in Arizona counties. It must be approved by the Arizona governor and attorney general to take effect.

“The Elections Procedures Manual cannot be used as a vehicle to rewrite Arizona law,” Petersen said in a Monday announcement.

The Arizona Secretary of State’s Office is currently reviewing all public comments, including Petersen’s, for potential inclusion in the final manual, according to spokesperson Aaron Thacker.

“After that, the revised draft will be transmitted to the attorney general and Gov. Hobbs for their review and recommendations,” Thacker told KTAR News 92.3 FM. “This entire process is designed to be deliberative and transparent, and is scheduled to conclude by the statutory deadline of Dec. 31, 2025.”

What’s the controversy over 2025 election manual draft?

Essentially, Petersen believes the draft of the 2025 election manual includes rules that go against Arizona law and past court rulings. In his Monday letter, he accused Fontes of including illegal rules in past manuals that courts have struck down.

“This draft is filled with provisions that go far beyond the Secretary of State’s legal authority, and if they are not corrected before submission, litigation will follow,” Petersen added.

The Senate president said Fontes only released the manual draft after being forced by a court order. He said the new draft still contains several problematic sections that:

• Let county officials try to find proof of citizenship for applicants, instead of rejecting incomplete forms as the law requires.
• Block challenges to early ballots that lack proof of citizenship.
• Excuse errors in petition circulator registrations, even though courts already ruled that’s illegal.

Petersen’s letter also called these changes an example of both government overreach and a threat to election integrity.

“Our election laws are passed by the Legislature and signed by the governor — not invented by one officeholder,” Petersen said.

“If the secretary of state wants rules changed, he should propose legislation like everyone else. Until then, we will insist that Arizona’s election manual follow the law as written.”

What does the office of Adrian Fontes say about potential lawsuit over 2025 election manual?

In response to Petersen’s threat of legal action, Thacker said it’s premature to speculate on what the final version of the 2025 election manual will look like.

“The process is still very much underway. Let’s allow that process to unfold before jumping to conclusions or engaging in political theater,” he said. “Once the ink is dry, we’ll be better positioned to have a substantive conversation.”

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