Discussion and consideration of potential Brief of Amicus Curiae Cochise County in support of Pinal County Board of Supervisors in the case of Pinal County Board of Supervisors, et al., v. Adrian Fontes, in his official capacity as Arizona Secretary of State, currently in the Arizona Court of Appeals, No. 2 CA-CV 2024-0310.

Pursuant to A.R.S. § 38-421.03 (A), (3), the board may go into executive session for legal advice with the attorney of the public body.

Pinal County is requesting support from fellow Arizona counties in the form of amicus participation in ongoing litigation involving a challenge brought by the Arizona Secretary of State against Pinal County. The case arose shortly before the November 2024 general election and centers on the scope of the Secretary’s authority to enforce provisions of the EPM against counties without express legislative authorization.

At issue is Chapter 9, Section 6(B)(1)(f) of the 2023 EPM, which the Secretary claims requires all counties to (1) program accessible voting devices (AVDs) with all ballot styles and (2) count ballots cast by out-of-precinct voters on such devices, effectively mandating that counties implement de facto voting centers, contrary to statutory provisions authorizing counties to maintain polling place models of voting.

Pinal County contends this interpretation:

1. Exceeds the Secretary’s Statutory Authority – The Legislature has vested discretion in county boards of supervisors under A.R.S. § 16-411(B)(4) to choose between polling places and voting centers. There is no legislative directive granting the Secretary the authority to override this choice or mandate a voting center model.

2. Contravenes Arizona Election Law – The EPM provision conflicts with A.R.S. §§ 16-122, 16-411(B)(4), and 16-584(E), particularly regarding the treatment of out-of-precinct voters and the use of provisional ballots.

3. Violates the Administrative Procedures Act (APA) – The Secretary neither sought required input from county elections officials nor followed the APA’s administrative processes before including the provision in the EPM. Moreover, the lawsuit filed by the Secretary constitutes an unprecedented attempt to enforce the EPM—a power the law grants exclusively to the Attorney General and local prosecutors under A.R.S. § 16-1021.

A ruling in favor of the Secretary could establish broad and concerning precedent, effectively granting state officials inherent enforcement powers over counties without legislative approval. Such a shift could impact local control over elections and other domains of county authority.

Pinal County has requested that other counties consider submitting or joining an amicus brief in support of its position. The deadline to file amicus briefs is April 22, 2025.

As the Board directs.

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