Arizona ‘election bible’ Stalls as Ducey Refuses to Sign Unfinished Work

Arizona Gov. Doug Ducey will not take action in the dispute over a new Election Procedures Manual due to the lack of agreement between Attorney General Mark Brnovich and Secretary of State Katie Hobbs, Ducey said in a letter.

Hobbs submitted the 2021 version of the manual for approval on Oct. 1, 2021. Brnovich submitted his legal review of the EPM to Hobbs’ office on Dec 9, 2021, requiring several sections to be struck before he would approve the manual.

Brnovich said several provisions are inconsistent with state law, potentially exposing election officials to criminal charges.

“As Arizona’s Chief Legal Officer, I have a responsibility to assure that the EPM conforms to the law. As a reminder, election officials who violate its provisions (which are hundreds of pages long) are guilty of a class 2 misdemeanor,” Brnovich said in a Dec. 10 letter. “Through the red-lined document provided to you yesterday, I have provided clear direction on what changes need to be made to assure the EPM does not unnecessarily expose election officials and workers to criminal penalties.”

Some of Brnovich’s objections concerned how the two election integrity bills passed in the 2021 Legislative Session should be carried out.

The EPM would allow voters to cast ballots in precincts they do not live in. Hobbs said no statutory provision requires the current out-of-precinct policy, referencing the U.S Supreme Court’s decision in Brnovich v. DNC.

Hobbs said the lawsuit, which Brnovich won, only addressed the precinct requirement in the elections manual, not in the statute. As Hobbs is responsible for revising the manual every odd-numbered year, she argued she could change the out-of-precinct provision.

“General Brnovich has been a national leader on election integrity, most recently winning at the U.S. Supreme Court in Brnovich v. DNC. Our office cannot approve an Elections Procedures Manual unless it is consistent with Arizona law,” Katie Connor, spokesperson for the AGO, told The Center Square. “We decline to comment further because of the unprecedented bar complaints filed against our office.”

Hobbs said Brnovich’s suggestions would create inconsistent procedures and leave gaps in election procedures.

“In total, your demands slash close to a third of the Manual,” Hobbs said in a letter.

As the Dec. 31 deadline for the EPM has passed without Brnovich’s approval, Ducey cannot approve.

“The governor believes election integrity is paramount,” the letter from Ducey’s general counsel said. “An accurate and updated EPM ensures both consistency throughout our 15 counties and predictability for our electorate. However, given that the EPM carries with it the force of law, the first objective must always be compliance with the law by ensuring that the executive branch is not straying into the responsibilities of the legislature.”

The letter said the governor’s office was encouraged to see new security and ballot chain-of-custody procedures in the 2021 EPM draft, written by Hobbs in consultation with county elections officials statewide and after seeking feedback from the public.

The governor’s office encouraged the legislature to address policy matters that exist as a result of the 2021 EPM’s inability to pass in order to secure election integrity and support local election officials.

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This article was first published in The Center Square and is reproduced with permission.