AZ GOP Legislative Leaders Warn SOS Fontes: Fix Elections Procedures Manual or Face Legal Action

Arizona’s Republican legislative leaders, Speaker of the House Steve Montenegro and Senate President Warren Petersen, issued a direct warning to Democrat Secretary of State Adrian Fontes on Wednesday that the draft 2025 Elections Procedures Manual (EPM) issued by his office contains “several provisions” that “override state law and repeat overreaches already struck down by Arizona courts.”

In a joint letter and corresponding press releases, Speaker Montenegro and Senate President Petersen offered a harsh rebuke to Fontes, whose efforts to modify the EPM have resulted in a litany of legal challenges against the Secretary since at least January 2024. from the Arizona GOP, Republican legislative leaders, as well as groups like the Arizona Free Enterprise Club.

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

“Arizona law is clear: the Legislature writes the rules for elections,” Speaker Montenegro added. “The Secretary of State does not get to invent new ones. If Fontes refuses to correct these unlawful provisions, the courts will.”

Montenegro explained, “Arizonans expect elections to be run according to the law, not rewritten to fit the Secretary of State’s partisan agenda. Secretary Fontes’ draft manual again contradicts Arizona statutes, weakens safeguards against non-citizen voting, undermines legislative authority, and even pressures election officers to surrender their constitutional rights. Such abuses erode trust in our elections and will not stand.”

“Our election laws are passed by the Legislature and signed by the Governor – not invented by one officeholder,” Petersen agreed. “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.”

Both Petersen and Montenegro pointed to systemic flaws in the draft EPM including:

• Allowing apparent non-citizens an extended opportunity to “cure” invalid registrations, which state law prohibits.
• Ignoring identification requirements for voter registration forms.
• Restricting the ability to challenge questionable ballots.
• Excusing petition circulator registrations that violate statutory requirements.
• Failing to implement robust ballot chain-of-custody requirements and observation rights.
• Diluting political party authority to select poll workers.
• Forcing election officers to sign onto policies that compromise their constitutional rights.
• Weakening contingency planning for equipment breakdowns that disrupt voting.

Speaking with Capitol Media Services, Fontes’ spokesman, Aaron Thacker, described the threats of litigation as “premature,” claiming the adoption process for the manual is still in progress, and refused to address any of the concerns raised by the Legislative leaders. 

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

“This entire process is designed to be deliberative and transparent and is scheduled to conclude by the statutory deadline of Dec. 31,” Thacker added, stating that Speaker Montenegro and Senate President Petersen’s comments would be taken into consideration.

Arizona Representative Alexander Kolodin, who is challenging Fontes for the Secretary of State’s office in 2026 and Chairs the House Select Committee on Election Integrity and Florida-Style Voting Systems, offered a methodical rejection of Fontes’ draft EPM in a five-page letter posted to X on August 29th.

Kolodin detailed the flaws of the EPM at great length, but summarized his concerns regarding illegal language on “Election Day Operations, Central Counting Place Procedures, Hand Count Audits, Certifying Election Results, Campaign Finance,” and stated: 

“These flaws paint a picture of a manual more focused on advancing A partisan agenda when the law requires impartiality. From the lingering free speech restrictions to the unauthorized tinkering with voter qualifications, it feels like the deck is being stacked against fair play. Arizonans — farmers, veterans, small business owners, and families like mine — expect a Secretary of State who enforces the law evenly, without tilting the scales for one side. Let’s get back to basics: secure borders, secure ballots, and a government that serves the people, not special interests. I urge you to revise this draft to fully honor court rulings and our shared values of freedom and fairness…”