STATE CAPITOL, PHOENIX – Arizona House Speaker Steve Montenegro announced today that House Republicans, along with Senate President Warren Petersen, filed an amicus brief with the Arizona Supreme Court in the case Republican National Committee v. Fontes. The filing urges the Court to require Secretary of State Adrian Fontes to comply with Arizona’s Administrative Procedures Act (APA) when drafting the Elections Procedures Manual (EPM).

The APA requires a full public notice and comment period before rules take effect. This process provides transparency, ensures accountability, and prevents the EPM from deviating from state election statutes.

“The integrity of Arizona’s elections is absolutely vital,” said Speaker Montenegro. “House Republicans are committed to the rule of law and to ensuring that Secretary Fontes stays within the limits of his authority. 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. Arizonans deserve accountability and transparency from every public officer, especially when it comes to election rules.”

Arizona law already specifies the rules for voter registration, early ballots, polling places, and the tabulation of votes. The Secretary’s authority to draft the EPM is narrow, and the APA process is an essential check on that authority.

A copy of the brief is attached here.

Steve Montenegro is the Speaker of the Arizona House of Representatives and serves Legislative District 29 in the West Valley, Goodyear, and Surprise. Follow him on X at @SteveMontenegro.