Arizona House Speaker Slams Fontes’ Draft Election Rules as Illegal

Arizona House Speaker Steve Montenegro is raising sharp concerns over Secretary of State Adrian Fontes’ draft 2025 Elections Procedures Manual, warning that several provisions not only overstep his authority but also conflict with state law and court rulings.

Montenegro argues that the manual, a required document that outlines how Arizona elections are conducted, once again veers into rewriting laws rather than following them. He says the draft includes provisions that could weaken safeguards against non-citizen voting, diminish the legislature’s authority, and infringe on constitutional rights of election officials.

“Arizonans expect elections to be run according to the law, not rewritten to fit the Secretary of State’s partisan agenda,” Montenegro said. “Secretary Fontes’ draft manual again contradicts Arizona statutes, weakens safeguards against non-citizen voting, undermines legislative authority, and even pressures election officers to surrender their constitutional rights. Such abuses erode trust in our elections and will not stand.”

Among the most controversial elements Montenegro flagged: allowing non-citizens to “cure” defective registrations up until Election Day, permitting registrations without required identification numbers or affirmations, and barring challenges to early ballots that lack proof of citizenship. He also noted provisions excusing incomplete petition circulator registrations, loosening rules for poll worker selection, and requiring election officers to sign a “Code of Conduct” that he says goes beyond what law allows and infringes on free speech protections.

Montenegro further expressed concern that sections of the manual could compromise ballot chain of custody, limit party observers from monitoring ballot handling, and delay responses to equipment failures on Election Day.

“Arizona law is clear: the Legislature writes the rules for elections,” Montenegro emphasized. “The Secretary of State does not get to invent new ones. If Fontes refuses to correct these unlawful provisions, the courts will.”

Under Arizona law, the Elections Procedures Manual must be approved by both the Governor and the Attorney General before taking effect. That process now sets the stage for a showdown over who holds the final say in shaping election procedures—and how far the Secretary of State can go in interpreting the law.

Montenegro, who represents Legislative District 29 in the West Valley, says he will continue pressing to ensure Arizona’s elections remain grounded in statute rather than administrative overreach.