In a significant setback for Arizona’s Democrat Secretary of State Adrian Fontes, a federal judge has ruled that he cannot certify the results of the 2024 election if any counties refuse to certify due to allegations of fraud.
In the federal court case between American Encore and Adrian Fontes, Judge Michael T. Liburdi addressed concerns related to the Arizona Election Procedures Manual (EPM). The plaintiffs argued that the manual’s “Speech Provision” and “Canvass Provision” violated the First and Fourteenth Amendment rights of Arizona voters by potentially suppressing speech and excluding votes from counties that fail to certify their results on time.
The Speech Provision restricts actions such as “raising one’s voice” or using “offensive language” at polling places, which plaintiffs argued could be used to unjustly limit free speech. While Judge Liburdi recognized the state’s intent to maintain orderly polling places, the plaintiffs claimed the rule was overly broad and could lead to unconstitutional censorship.
Regarding the Canvass Provision, the plaintiffs argued that allowing the Secretary of State to proceed with the state canvass without counting votes from counties that didn’t certify in time could disenfranchise voters. They pointed to the 2022 election in Cochise County, where delayed certification threatened the validity of legal votes.
Judge Liburdi applied the “Winter factors,” a legal standard from the Supreme Court case Winter v. Natural Resources Defense Council, Inc., which determines whether a court should issue a preliminary injunction to halt a specific action. The Court found that all four factors favored the plaintiffs, leading to an injunction blocking the enforcement of the Canvass Provision while the case continues.
The Court concluded that the plaintiffs demonstrated:
- Likelihood of Success on the Merits: The Court found strong legal arguments that the Canvass Provision, which allows the Secretary of State to exclude votes from counties that withhold certification, could violate the Constitution by disenfranchising voters.
- Irreparable Harm: Enforcing the provision would irreparably harm voters by depriving them of their constitutional right to have their votes counted, a harm that cannot be undone.
- Balance of Equities: The Court found that the harm to voters outweighed any inconvenience to the Secretary of State, as ensuring accurate and representative election results is crucial.
- Public Interest: The Court determined that the public interest lay in maintaining the integrity of the election process, ensuring that all eligible voters’ voices are heard.
As a result, the Arizona Secretary of State is temporarily barred from certifying the 2024 statewide election results if any counties refuse to certify due to fraud or other concerns. The ruling will stand while the case proceeds.
You can read the full ruling below:
BREAKING: A federal judge in Arizona just ruled that the Democrat Secretary of State can NOT certify the results of the 2024 election if any counties withhold certification due to fraud
— George (@BehizyTweets) September 28, 2024
"Plaintiffs allege that the plain terms of the Canvass Provision require the Secretary to… pic.twitter.com/cD9862KRTZ
