Arizona House Speaker Steve Montenegro and Senate President Warren Petersen filed a brief with the Arizona Supreme Court this week, supporting a lawsuit that seeks to require Secretary of State Adrian Fontes to follow state transparency laws when creating election procedures.
The case, Republican National Committee v. Fontes, originated from disputes over the 2023 Elections Procedures Manual (EPM). The Republican National Committee, along with the Arizona GOP and Yavapai County GOP, filed the lawsuit challenging Fontes' process for creating the manual.
The Arizona Court of Appeals ruled earlier this year that the Administrative Procedures Act (APA) applies to the Elections Procedures Manual. The court determined that Fontes provided only a 15-day public comment period in 2023, which was half the 30 days required under the APA.
The Arizona Supreme Court agreed in August 2025 to review the Court of Appeals' decision, keeping the case active at the state's highest court level.
Legislative Leaders Dispute
In their amicus brief, Steve Montenegro and Warren Petersen argue that the Secretary of State should be required to follow the APA's full public notice and comment requirements when drafting election procedures.
"The integrity of Arizona's elections is absolutely vital," explained Speaker Montenegro. "House Republicans are committed to the rule of law and to ensuring that Secretary Fontes stays within the limits of his authority.”
The legislators contend that the APA process provides necessary transparency and accountability, preventing the Elections Procedures Manual from deviating from state election statutes.
Fontes' Response
Following the Court of Appeals' ruling but before the Supreme Court agreed to hear the case, Fontes modified his approach for the 2025 Elections Procedures Manual. In August 2025, he released the draft with a 30-day public comment period.
While maintaining that the APA requirements may not legally apply to the elections manual, Fontes extended the 2025 comment period in response to the court decision and the public.
Ongoing Disputes
Despite the extended comment period for the 2025 manual, disagreements persist. Republican lawmakers have indicated they may pursue additional legal action regarding provisions they believe exceed the Secretary of State's authority under state law.
"House Republicans are committed to the rule of law and to ensuring that Secretary Fontes stays within the limits of his authority,” Montenegro explained.
The original Republican complaint about the 2023 manual also challenged specific provisions related to voter registration and citizenship verification requirements.
These legal battles have repeatedly delayed the implementation of new election rules in Arizona. While the current Supreme Court case focuses specifically on the procedural requirements under the APA, other contested provisions in election manuals could generate additional litigation.
“We already convinced a judge to strike down unlawful provisions in the 2023 EPM in our own lawsuit. We fully support this case, which asks only that Secretary Fontes follow long-standing notice and comment requirements when drafting the manual,” he continued.
Arizona law establishes specific rules for voter registration, early ballots, polling places, and vote tabulation. Fontes' authority to draft the Elections Procedures Manual operates within these existing requirements.
The legislation argues that the APA process serves as an essential check on the Secretary's authority.
“Arizonans deserve accountability and transparency from every public officer, especially when it comes to election rules,” Montenegro concluded.
