SECURE OUR ELECTIONS:
SUBMIT PUBLIC COMMENT ON FONTES SHADY ELECTION PROCEDURES MANUAL
We made it easy as pie to make your voice heard!!!!
The Election Procedures Manual is the document that dictates the rules that govern the administration of the 2026 elections. The most important action you can take to secure our elections is to submit public comment on the things that violate our statute, election integrity basic standards, and federal law.
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Secretary Fontes limited comments to 6000 characters, so we formatted an easy summary for you to use below. You can view the full document HERE.
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MAKE SURE YOU SUBMIT YOUR COMMENTS ASAP. BEFORE 5 PM ON 8/31/25.
STEP 1: Go to the AZ Secretary of State Website for public comment. CLICK HERE
STEP 2: Enter your first & last names and email address (twice). Leave the "Information" Section blank.
STEP 3: Now begin entering your 6 comments:
Chapter, Section, and Topic should all be filled with "See below". Put page number as 0.
Copy and Paste Comment1 Block below in to the Comment1 field.
Then click "Yes" on "Add an additional comment? and copy and paste the Comment2 Block below into the Comment2 field.
Keep repeating until you do all 6.
COMMENT1 BLOCK
See full doc here: acrobat.adobe.com/id/urn:aaid:sc:US:c62ea363-4d99-4faf-8628-7dd5ca07076c
I. Sections Conflicting with Statute
Voter Registration & Proof of Citizenship
• CH 1, PG 3: Registration must require "satisfactory evidence of citizenship" (A.R.S. § 16-101, § 16-166)
•CH 1, PG 4: County Recorders must use "any available resource" to verify citizenship, not just AZMVD or SAVE; must notify applicants if non-citizen status found (A.R.S. § 16-121.01[E])
•CH 1, PG 6: Statute requires County Recorders to retain copy of passport/ DPOC for 2 years (A.R.S. § 16-166[J])
•CH 1, PG 8–9: Applications without DPOC must be rejected immediately, not “suspense” or delay (A.R.S. § 16-121.01[C], upheld by SCOTUS 2024). Recorders should not retain forms or statuses for non-citizens, but cancel registrations and notify authorities (§ 16-121.01[D])
COMMENT2 BLOCK
•CH 1, PG 11–12: SAVE database protocols and response times do not reflect updated capabilities and statutory deadlines Registrant must provide DPOC within 35 days or be canceled (§ 16-165[A])
•CH 1, PG 12: Cannot allow DPOC up to 7 p.m. on Election Day; deadline is 35 days post-notification (§ 16-165[A])
•CH 1, PG 17: Omission of “one residence” requirement for residency (A.R.S. § 16-101[B])
•CH 1, PG 18: Recorders have a statutory duty to verify DPOR (A.R.S. §§ 16-123, 16-101, 16-593)
Registration Form Minimums
•CH 4, PG 26–27: Massive changes eliminate required distinctions between state, federal, FPCA, and FWAB forms, stripping safeguards (statutes unspecified)
•CH 1, PG 26: HAVA requires driver’s license number if possessed; language conflicts with 52 U.S.C. § 21083(a)(5)(A)(i)
•CH 1, PG 26: Suspense procedures for incomplete registrations contradict A.R.S. § 16-121.01(C)
•CH 1, PG 28: Fed Form statement not required by law--circumvention of citizenship rules
COMMENT3 BLOCK
Residency/Eligibility
•CH 1, PG 17: Missing “one residence” clause violates A.R.S. § 16-101(B)
•CH 2, PG 70–71: Return envelopes and “secrecy” envelope leniency violate A.R.S. § 16-545(B)(2), which requires return envelopes
•CH 2, PG 81: Statute gives discretion to Recorders, not mandates for early voting locations (A.R.S. § 16-542A).
Ballot & Voting Location Procedures
•CH 8, PG 147–150: EPM misstates strict statutory requirements for poll worker party balance and board composition (A.R.S. §§ 16-531, 16-532)
•CH 8, PG 149: Officer allocating election board duties not authorized in law (A.R.S. §§ 16-531, 16-564, 16-585)
•CH 8, PG 149, 150: Inspector’s duties are broader than statute, introducing subjective definitions and expanded roles (A.R.S. § 16-531[A])
•CH 8, PG 153: Facilitating registration at polling place for inactive voters allowed only if unchanged address (A.R.S. § 16-583, § 16-122, § 16-135)
COMMENT4 BLOCK
•CH 8, PG 153, 12: Poll workers must not collect DPOC/DPOR documents; only Recorders can (A.R.S. §§ 16-166[F], [G], [J]; 16-123, 16-134)
•CH 8, PG 154: “Premium board worker” not entitled to extra pay—it's at Board’s discretion (A.R.S. § 16-532[D])
Ballot Handling & Canvassing
•CH 9, PG 197: Limiting spoiled ballots to three not authorized (A.R.S. § 16-585)
•CH 9, PG 212: Out-of-precinct provisional ballots and accessible devices contradict precinct-based voting unless vote centers authorized (A.R.S. §§ 16-541, 16-584, 16-411[B])
•CH 13, PG 276: Stating Boards “must” canvass with no right to delay/reject results contradicts A.R.S. § 16-642 and ongoing litigation
II. Sections Lacking Statutory Authority / Not Authorized in EPM
•CH 1, PG 57: Requiring public records requests be on a special form (AG opinion allows email)
•CH 2, PG 72, 73: Drop box guidance—no statutory authorization
COMMENT5 BLOCK
•CH 4, PG 114–115: Discretion for SOS over county audits, chain-of-custody rules for media, and blackout periods for audit activity lack statutory basis
•CH 8, PG 144: Recommending “public support” and DEI considerations for voting locations is non-statutory and may raise Equal Protection concerns
•CH 8, PG 147: SOS requirement for Election Official Code of Conduct is unauthorized and may violate the 1st Amendment
•CH 8, PG 149: Officer-in-charge discretion over board duties exceeds statutory scope
III. Procedural Irregularities / Broad or Vague/Unclear Language
•CH 1, PG 11: Outdated description of SAVE usage, should align with current DHS guidance
•CH 4, PG 115: “Reputable sources” for USB devices and write-blocker protocols not well-defined
•CH 10, PG 228: References to “voter credit” and “digital tracking” are unclear
•CH 13, PG 274: EPM purpose for canvass is not as comprehensive as EAC and state statute
IV. Overreach Beyond Leg or Court Requirements
COMMENT6 BLOCK
•CH 1, PG 1, 28: Mandating Federal Form instructions in all public-facing materials not required by Gonzalez v. Arizona or other rulings
•CH 2, PG 80: Prohibiting openly carried firearms within 250 feet is not found in statute (A.R.S. § 13-3102[A])
•CH 4, PG 112–114: SOS approval for reviews, taking equipment offsite, and contract obligations extends beyond legislative directives
•CH 8, PG 167, 174: Ballot instruction discretion and “condensed summaries” without required descriptive title expands beyond A.R.S. § 16-502(N)
V. Areas Not Reflected Accurately from Statute/Court Rulings
•CH 1, PG 26, 30: All databases must be used for registration verification, not just those named in EPM (A.R.S. § 16-121.01[D])
•CH 9, PG 201–204: Restrictions on apparel and activities at polling places were struck down by courts (AZ Free Enterprise v. SOS)—Section must be removed
•CH 11, PG 246–247: Hand count procedures cannot be canceled for member shortage—no authority in A.R.S. § 16-602