Politics
Arizona Attorney General Mark Brnovich goes to court to compel lawful Elections Procedures Manual for 2022
The Arizona Attorney General appeared before the Yavapai County Superior Court on Friday afternoon as part of its effort to ensure the state has a “valid and compliant Elections Procedures Manual (EPM) for the upcoming 2022 election cycle.”
June 12, 2022 2:23pm
Updated: June 12, 2022 3:07pm
Arizona Attorney General Mark Brnovich’s Office appeared before the Yavapai County Superior Court on Friday afternoon as part of its effort to ensure Arizona has a “valid and compliant Elections Procedures Manual (EPM) for the upcoming 2022 election cycle,” the AG’s press office said in a statement.
The Yavapai County Superior Court said it will rule on the matter in the near future.
“Regardless of individual politics or party, everyone should understand the importance of maintaining public confidence in our elections," said Arizona Attorney General Mark Brnovich. “I brought suit to support confidence in the integrity of our elections and accuracy of the results.”
The Arizona Attorney General and co-plaintiff Yavapai County Republican Committee petitioned the Superior Court to order the state Secretary of State “to provide a lawful EPM draft that complies with Arizona law.”
The Arizona Attorney General’s press office said the AG asked that the following be included in the 2022 EPM:
- Prohibiting “unstaffed” drop-boxes, consistent with statute;
- Requiring signature verification for non-mailed early ballots;
- Preserving the requirement that voters vote in their precinct, as required by state law and upheld in Brnovich v. DNC;
- Preserving statutory requirements regarding “overvotes” (i.e. where the voter votes for more than one candidate); and
- Requiring county recorders to implement the AEVL maintenance beginning in January 2023, as provided in statute.
The suit stems from the Secretary of State’s purported failure to provide the governor and attorney general with a lawful manual the required date under state statute, which is by October 1, 2021.
According to Arizona Attorney General Mark Brnovich, this is problematic because the Elections Procedures Manual has “the force of law, subjecting offenders to criminal penalties.”
Also, the Arizona Supreme Court has repeatedly held that provisions beyond the Secretary of State’s authority can neither be included nor enforced.
The court indicated it will rule in the near future.
