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AZ judge blocks polling place rules, election official predicts chaos

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Tuesday, September 3, 2024   

As worries of election interference and intimidation grow in Arizona, Secretary of State Adrian Fontes says election officials have been preparing to ensure they're ready in November.

But just last week, an Arizona judge rejected Fontes' request to delay a court order which blocks certain rules from the state's Elections Procedures Manual - outlining what people can do in and around polling places.

Maricopa County Superior Court Judge Jennifer Ryan-Touhill says some of the provisions, which limit things like what people can wear and do, infringe on First Amendment rights.

Fontes said the manual creates a standard for all 15 counties, but the recent ruling could present challenges for voters.

"And losing that standard is really the problem because we could end up with chaos, we could end up with folks screaming and yelling at voters in line," said Fontes. "And some people, in some county, might say, they have 'a First Amendment right.' Well what about the voter standing in line?"

The recent ruling received praise from the Arizona Free Enterprise Club - which challenged the provisions, and claimed the 2023 Elections Procedures Manual "improperly placed protected political speech at risk of criminal prosecution."

But Fontes said voters should have the right to peacefully assemble in line under the First Amendment as well.

To those concerned, Fontes said folks can request an early ballot and drop it in the mail by October 24.

Many Arizona voters are also concerned about how election denialism will impact the election. Some candidates have already pledged that if they lose, it must mean the election was rigged. But Fontes said he feels election denialism is waning.

"I think one of the main reasons it is going away is because the business community is telling these folks, 'You're making Arizona look bad,'" said Fontes. "When you deny the elections, what you're saying is, 'This isn't a good place to do business; this isn't a good place to rely on your government.'"

Fontes said he and others will continue to condemn election denialism because it not only hurts democracy, but because it's also bad for business and will hinder economic growth in the Grand Canyon State.

Support for this reporting was provided by the Carnegie Corporation of New York.



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