A not-for-profit organization promoting economic freedom has sued the Arizona Secretary of State for circumventing state statute to establish unmanned ballot drop-boxes. The lawsuit was filed by Thomas More Society attorneys on October 19, 2023, in Arizona Superior Court on behalf of The Arizona Free Enterprise Club and Mary Kay Rewetted. The litigation seeks a halt to these unauthorized unstaffed drop-boxes and a preliminary injunction banning their use.
Thomas Olp, Executive Vice President & Head of Election Integrity at Thomas More Society, explained that Arizona law establishes four different methods for secure early voting, as authorized by the state legislature.
“The problem is that the Arizona Secretary of State has taken it upon himself to create a fifth method, the unstaffed drop-box,” Olp stated. “However, only the Arizona Legislature can create new methods of voting. The Arizona Legislature has not authorized casting ballots in unstaffed drop-boxes, and therefore this method of voting is not lawful under Arizona law.”
Olp detailed the problems with the unsanctioned unstaffed ballot drop boxes.
“These ballot receptacles are allowed to be unstaffed and may be placed in a variety of locations far and wide, including out of doors,” Olp recounted “This allows them to be unevenly distributed and placed in unsecured settings. In addition, unlike United States Postal Service mailboxes, these drop boxes lack crucial protections that federal law imposes on postal mail collection. The Secretary of State’s Elections Procedures Manual offers no equivalent protections for drop boxes or deposited ballots. The Secretary of State authorizes ballot collection and handling by ‘ballot retrievers,’ who are only required to ‘wear a badge’ while performing such duties, whereas mail carriers must take an oath of fidelity to the U.S. Constitution before transporting ballots and other mail. The postal service also scans ballots sent via the postal service to confirm deposit and delivery. No such validation exists with the illegal unstaffed drop-boxes.”
“What we have here,” added Olp, “is state officials adding to election rules that the Arizona Legislature has already calibrated through the legislative process. Voters and taxpayers should not accept this kind of manipulation. State officials should simply enforce the legislated election code, not modify, or add to it.”
Read the Verified Special Action Complaint filed on October 19, 2023, in the Superior Court for the State of Arizona in and for the County of Yavapai by Thomas More Society attorneys on behalf of the Arizona Free Enterprise Club and Mary Kay Ruwette, alleging election violations in Arizona Free Enterprise Club v. Adrian Fontes, in his official capacity as the Secretary of State of Arizona, here.
About Thomas More Society
Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and freedom. Headquartered in Chicago and with offices across the country, Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, please visit thomasmoresociety.org.
