PHOENIX — An Arizona judge has ruled certain "speech restrictions" outlined in the state's elections procedures manual are "unenforceable."
Maricopa County Superior Court Judge Jennifer Ryan-Touhill blocked the Arizona Secretary of State's Office from enforcing certain provisions intended to prevent voter intimidation at polling places.
The manual outlines state laws that prohibit certain types of electioneering conduct within 75 feet of a polling place. In addition, the manual provides a list of actions that could be considered intimidating inside or outside the polling place.
Those actions include following voters to their cars, disseminating false information at a voting location, posting signs about the penalties for "voter fraud," or using offensive language to a voter.
Judge Ryan-Touhill determined the manual's restrictions are "greater than necessary, vague, overbroad" and potentially problematic.
"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?" the judge wrote in the Aug. 5 ruling.
The Arizona Secretary of State's Office said the agency intends to appeal.
"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 agency wrote 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."
The ruling was issued in litigation brought by the Arizona Free Enterprise Club and the America First Policy Institute.
In 2023, Secretary Adrian Fontes modified the state's elections manual to address, in part, an "atmosphere of increased threats and intimidation."
Before Arizona's 2022 general election, the Secretary of State's Office reported getting over a dozen complaints of alleged voter intimidation at ballot drop boxes. The complaints came after an Arizona elected official encouraged vigilantes to camp outside drop-off boxes and track individuals they thought appeared suspicious.
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