Election Integrity Win: Federal Judge Deals Blow to Arizona’s Democrat Secretary of State

A federal judge has halted a rule from Arizona's Secretary of State, which would have let him certify the 2024 election results even if some counties delayed certification due to voter fraud claims. Judge Michael T. Liburdi noted that by certifying the election without all counties’ votes, Arizona's Democratic Secretary of State, Adrian Fontes, risked disenfranchising voters. This decision means investigations and challenges can continue if credible voter fraud reports emerge.

George Behizy reported on 𝕏 that a federal judge in Arizona ruled that the Democratic Secretary of State cannot certify the 2024 election results if any counties refuse to certify due to fraud concerns. Plaintiffs argued that the Canvass Provision forces the Secretary to disregard votes from counties that fail to certify on time, which, according to Judge Liburdi, creates a significant burden on the right to vote, calling it a fundamental right.

In 2022, Cochise County officials delayed certification to investigate alleged fraud. However, Democrats pressured them into certifying under the threat of lawsuits. To prevent a repeat in 2024, Arizona Secretary of State Adrian Fontes added a provision requiring the certification of statewide results while excluding counties that withheld certification. The rule stated that if any county's canvass was missing by the deadline, the Secretary would proceed without its votes.

Judge Liburdi’s ruling is significant, giving counties more power to pause the certification process if fraud is suspected. This decision prevents Democrats from using a “run-out-the-clock” strategy, which they’ve allegedly employed in recent elections, including 2020 and 2022. The new rule was deemed unconstitutional, ensuring that canvassing cannot proceed until credible fraud reports are resolved.

According to Jim Hoft at The Gateway Pundit, the plaintiffs argued that both the manual's "Speech Provision" and "Canvass Provision" violated voters’ First and Fourteenth Amendment rights. They claimed the provisions could suppress free speech and disenfranchise voters in counties that failed to certify in time. The Speech Provision forbids actions like raising voices or using offensive language at polling places, which plaintiffs say could be misused to silence speech under the pretext of preventing voter intimidation.

Judge Liburdi acknowledged these concerns but stressed the state's goal of maintaining orderly polling places. The plaintiffs argued that the rule was overly broad and unconstitutional, potentially suppressing speech statewide. They also argued that the Canvass Provision, which gave the Secretary of State authority to exclude votes from counties that didn't certify on time, posed a risk to voter rights. Cochise County's delay in certifying its 2022 results was cited as an example of how this rule could discard legitimate votes.

This decision represents a small but important change for future elections, enhancing scrutiny of election procedures and protecting voters from being disenfranchised by the Secretary of State.