Arizona judge blocks secretary of state's 'speech restrictions' at polling places

"This changes nothing with regard to existing statutes," said the Arizona Secretary of State's Office.

Published: August 7, 2024 1:33pm

An Arizona judge has blocked Democratic Secretary of State Adrian Fontes' "speech restrictions" for polling places in the state's Elections Procedures Manual (EPM).

In a ruling Monday, Maricopa County Superior Court Judge Jennifer Ryan-Touhill prevented the enforcement of EPM provisions that the Arizona Secretary of State's Office claimed would prevent voter intimidation, NBC 12 News reported.

The EPM deemed as intimidating actions such as disseminating false information, talking to a voter with offensive language, following voters to their cars, and posting signs regarding voter fraud penalties.

Ryan-Touhill ruled that the EPM's restrictions are "greater than necessary, vague, overbroad," and "unenforceable."

"What, for example, constitutes a person communicating about voter fraud in a harassing manner? Or, for that matter, 'posting' a sign in an intimidating manner?" Ryan-Touhill wrote.

The America First Policy Institute and the Arizona Free Enterprise Club brought the suit.

Fontes' plans to appeal the ruling.

"This changes nothing with regard to existing statutes. It is still illegal to electioneer, take photos, and intimidate voters within the 75 foot limit," the Arizona Secretary of State's Office said in a statement. "The (manual) is intended to ensure procedures are the same across the state, regardless of which county a voter resides. This maintains the integrity of our elections and ensures that all Arizonans can vote freely."

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