In a significant win for election integrity and free speech, an Arizona federal district court granted both Motions for Preliminary Injunction in the America First Policy Institute’s (AFPI) challenge to the provisions of Arizona’s Election Procedures Manual (EPM). AFPI challenged the EPM’s Speech Provision as a blatant violation of the First Amendment.
The problematic Speech Provision makes it a crime to engage in expression that is protected free speech, such as simply wearing a red hat or a handbag that states, “It should be easy to vote but hard to cheat.” AFPI and co-counsel Holtzman Vogel allege that no government official has the authority to overrule the Constitution and that the Speech Provision is unlawful.
The court agreed, stating:
“Given the widespread controversy surrounding elections, one would hope the last people responsible for disenfranchising voters and suppressing speech would be the very election officials tasked with ensuring fair and accurate elections. But, according to Plaintiffs, that is precisely the case here.”
The other provision AFPI challenged was described by the judge as “probably unprecedented in the history of the United States, gives the [Arizona] Secretary of State nearly carte blanche authority to disenfranchise the ballots of potentially millions of Arizona voters.”
“We applaud the court’s decision in Arizona, which will prove to be a big win in safeguarding free speech,” said Pam Bondi, former Florida Attorney General and Chair of AFPI’s Center for Litigation. “The right to free speech is one of the most revered privileges given to us by the Constitution, and any attempts to undermine that right by the government must immediately be stopped. We believe this win in Arizona helps accomplish that mission.”
“This decision is a big win for free speech, transparent elections, and common sense,” said Ken Blackwell, Chair of AFPI’s Center for Election Integrity. “Having the freedom to cast your vote is nothing if the government can simultaneously take away your freedom of speech. The court recognized this, and America First Policy Institute applauds the court’s ruling in our favor, and we rededicate our effort to ensure that we have fair elections in Arizona.”
Read a copy of the court’s order here.
Learn more about AFPI’s litigation efforts here.
