Montenegro Frames Pima Election Suit As Test Of Fontes’ Authority

Arizona House Speaker Steve Montenegro (R-29) is again drawing a hard line against Secretary of State Adrian Fontes (D), as a new federal lawsuit challenges whether Fontes’ election manual gives local officials too much power to police speech around polling places.

The Pima County Republican Party and Chairwoman Kathleen Winn filed suit against Fontes and Attorney General Kris Mayes (D), asking a federal judge to block portions of the 2025 Elections Procedures Manual governing speech, clothing, and conduct at voting locations. The lawsuit argues that the rules are vague, overly broad, and risk turning protected political expression into grounds for removal or criminal enforcement.

For Montenegro, the lawsuit fits into a broader Republican argument that Fontes has repeatedly tried to use the Elections Procedures Manual to impose rules that should come from the Legislature.

“Arizona law is clear: The Legislature writes the rules for elections. The secretary of state does not get to invent new ones,” Montenegro said in a previous statement challenging Fontes’ election manual. “If Fontes refuses to correct these unlawful provisions, the courts will.”

The new Pima County case focuses on what Republicans describe as unchecked discretion at polling places. The complaint says GOP volunteers, observers, and voters could be chilled from lawful activity because they cannot know in advance what speech, apparel, or conduct election workers may deem improper.

Winn said the rules threaten fair and consistent treatment of voters.

“Every Arizona voter deserves clear, consistent rules at the polling place that protect their right to vote free from arbitrary enforcement,” Winn said. “Vague standards invite abuse, and when election workers are given unchecked discretion to remove voters or call law enforcement based on unclear or unspecified conduct, no voter or vote is truly safe.”

The 2025 manual was approved by Fontes, Gov. Katie Hobbs, and Mayes ahead of the 2026 election cycle. State election officials have defended the manual as necessary guidance for secure, accurate, and accessible elections.

But the lawsuit adds to mounting legal pressure over Fontes’ interpretation of election law, following prior court fights over election speech provisions. A ruling from U.S. District Judge Michael Liburdi could determine how much of the manual remains in force before the 2026 elections.