Eric H. Spencer, Partner at our Phoenix, and Washington, D.C. law offices
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Eric H. Spencer

Partner
Biography

Eric Spencer is a seasoned litigator and counselor whose practice spans special litigation and compliance, with a particular emphasis on election law and government relations, real estate and property litigation,  and construction law. Drawing on his tenure as Arizona’s State Election Director and in-house counsel to the Arizona Secretary of State’s office, Eric brings a rare combination of regulatory insight and courtroom experience to clients navigating the intersection of politics, law, and government. He also maintains an active practice in real estate and property litigation, construction law, and myriad types of business litigation and transaction matters.

Election Law

Eric is deeply experienced in election-related litigation and appellate matters before state and federal courts and agencies.

He previously served as State Election Director and in-house counsel for the Arizona Secretary of State’s office, bringing his depth of knowledge to the firm’s election law and constitutional and political litigation practices. In his capacity as State Election Director, Eric served on the standards board for the U.S. Election Assistance Commission (EAC) for developing voting equipment guidelines and, by virtue of his security clearance, regularly consulted with federal and state officials on sensitive election and cybersecurity matters. Eric supervised dozens of litigation matters in state and federal courts as in-house counsel for the Secretary, including legislative redistricting litigation before the U.S. Supreme Court. Eric also focused on lobbying and government relations, having drafted and shepherded into law several high-profile bills through the Arizona Legislature. All told, Eric decided over 50 campaign finance complaints, supervised over 500 candidate filings, supervised review of over 1.8 million initiative signatures, and oversaw eight state and federal elections in his capacity as one of the state’s top election officials.

In private practice Eric regularly advises candidates, consultants, lobbyists, political action committees (PACs), ballot measure and independent expenditure committees, political parties, municipalities, corporations, election-related vendors, trade associations, and individual donors and political contributors. He also has experience forming and advising tax exempt organizations navigate through the political process, including conducting indendent expenditures.

Eric routinely advises on campaign finance compliance and reporting and handles complaints before the Federal Election Commission (FEC), Arizona Secretary of State’s office, Citizens Clean Elections Commission, and various local jurisdictions. He was the principal author of Arizona’s new body of campaign finance laws passed 2016 and is uniquely qualified to advise clients. He also has extensive experience advising clients with respect the Arizona Voter’s Right to Know Act, also known as Prop. 211.

Eric has extensive experience litigating initiative, referendum, and recall measures in state courts, buttressed by one of the few litigation teams capable of simultaneously challenging multiple statewide ballot measures.

Most recently, Eric co-served as redistricting counsel in Arizona following the 2020 decennial census. The resulting congressional and legislative maps produced almost no litigation for the first time in many decades of redistricting controversies.

Eric tries to remain a thought leader in the field of elections as well. Since 2000 he has served as co-chair of the Arizona State Bar’s annual election law seminar. In 2026, he co-authored the chapter on accelerated election appeals in the Arizona State Bar’s newly-released Appellate Handbook. He routinely appears as a guest speaker at Arizona universities and other election-related groups. Through Snell & Wilmer, he is a frequent author of election-related legal alerts and articles. In his personal capacity, Eric founded the Arizona Election Law Blog and provides regular legal updates at @azelectionlaw on X.

Real Estate Dispute Resolution and Litigation

Eric frequently handles myriad forms of real estate and property-related disputes that result in litigation. He represents individual homeowners, institutional investors, and commercial developers across many industries including hospitality and hotels, industrial and commercial businesses, hospitals, data centers, and master-planned communities. Eric takes a practical, results-oriented approach that balances aggressive advocacy with an eye toward preserving business relationships and minimizing disruption to ongoing development projects.

Eric has extensive experience with disputes involving private landowners, including complex easement disputes, CC&R enforcement and interpretation, boundary disputes, building renovation and construction defect claims, and nuisance claims. He has resolved matters involving access rights, encroachments, restrictive covenants, and neighbor-to-neighbor conflicts that require both legal acumen and practical problem-solving skills.

Eric also handles property-related disputes involving government bodies at the state, county, and city/town level. He principally serves as the litigation arm of Snell & Wilmer’s zoning and land use group, taking on matters including zoning referenda, administrative appeals, and disputes involving zoning interpretations and entitlements. Eric is routinely called upon to challenge government action that threatens property development, whether through special action, mandamus, declaratory judgments, or other statutory remedies. He has a proven track record of navigating the complex intersection of land use law, administrative procedure, and constitutional property rights.

Eric also has significant experience litigating claims for inverse condemnation and demands for just compensation under Arizona’s Private Property Rights Protection Act (Prop. 207). He counsels landowners and developers on regulatory takings, diminution in property value claims, and government overreach that impacts property rights. His background in both litigation and government relations gives him unique insight into how to effectively advocate for property owners before courts and administrative bodies alike.

Construction

Eric brings extensive experience to a wide range of construction-related litigation and transactional matters. He routinely counsels and represents owners, general contractors, subcontractors, architects, engineers, and other design professionals in disputes and contract negotiations. His comprehensive understanding of the construction process—from initial design through project closeout—enables him to provide practical, industry-informed legal guidance.

On the litigation side, Eric has resolved complex construction disputes and government contracting claims through mediations, arbitrations, and litigation in state and federal courts, including the U.S. Court of Federal Claims. He has extensive experience involving payment and performance disputes, including contract claims, delay and disruption claims, defective work claims, professional liability matters, materialmen’s and mechanic’s liens, and bond claims. Eric understands that construction disputes require prompt, decisive action to protect lien rights and preserve claims—and he works efficiently to position clients for the best possible outcome.

On the regulatory side, Eric has experience with complaints before the Arizona Registrar of Contractors (ROC) and Arizona Board of Technical Registration (BTR), including license defense and enforcement matters. Licensing claims often proceed on a parallel track with litigation, requiring careful coordination of strategy across multiple forums. He also advises contractors on compliance with licensing requirements and helps clients navigate investigations and disciplinary proceedings.

On the transactional side, Eric has extensive experience drafting and negotiating agreements for owners, contractors, architects, and engineers—whether American Institute of Architects (AIA) form agreements, ConsensusDocs, or custom agreements drafted in-house. For any business, Eric is well-versed in navigating critical contract provisions addressing scope of work, dispute resolution, forum selection, indemnification, insurance, intellectual property, termination, change orders, payment structures, retainage, and government-mandated clauses including Federal Acquisition Regulations (FARs). Eric also works with many businesses outside the construction industry, including lessors and lessees, manufacturers, suppliers, and any other commercial entity that seeks to protect its business interests through well-crafted agreements.

Credentials

Bar Admissions

  • Arizona
  • District of Columbia


Court Admissions

  • Supreme Court of Arizona
  • United States Court of Federal Claims
  • United States District Court, District of Arizona
  • United States District Court, District of Columbia
  • United States Supreme Court


Education

  • Duke University School of Law (J.D.)
  • Harvard University, John F. Kennedy School of Government (M.P.A.)
  • University of California, Los Angeles (B.A., Political Science, magna cum laude)
Experience

Awards & Recognition

  • The Best Lawyers in America®
    • Commercial Litigation (2023-2026)
    • Government Relations Practice (2025-2026)
  • Arizona Capitol Times, Best Capitol/Political Lawyer of the Year Nominee (2023, 2022, 2021, & 2020)
  • Southwest Super Lawyers®, Rising Stars Edition, Construction Litigation: Business (2014)

Previous Professional Experience

  • Arizona Secretary of State’s Office, State Election Director (2015-2018)
  • Snell & Wilmer, Associate Attorney (2007-2014)
  • United States Army Infantry Officer (2004-2007)
  • U.S. Department of Justice, Office of Policy Development, Legal Intern (2000)
  • U.S. Court of Appeals for the Armed Forces, Legal Intern to Hon. Eugene Sullivan (2000)

Professional Memberships and Activities

  • National Association of State Election Directors (2015-2018)
  • State Bar of Arizona

Community Involvement

  • Imprints of Honor
    • Board of Directors, President (2025-Present)
    • Board Member (2023-Present)
  • West Point Military Academy Field Forces Officer (2022-Present)
  • United States Selective Service System, Local Board Member (2012-Present)
  • Congresswoman Debbie Lesko Congressional Military Nomination Board (2019-2024)
  • Senator Jeff Flake Congressional Military Academy Nomination Board (2013-2018)
  • Big Brothers/Big Sisters of Central Arizona (2012-2018)
  • WESTMARC, Board of Directors (2013-2014)
  • Harvard Club of Phoenix, Board of Directors (2013-2014)
  • Arizona Town Hall, Recorder (2013)

Representative Presentations and Publications

Political and Election Law

Media Appearances

Presentations and Publications

Construction Litigation

  • “Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals,” Co-Author, Under Construction (June 2013)
  • “2012: Arizona Construction Law Summary,” Co-Author, Under Construction (September 2012)
  • 2012 Construction Law Update: Case Law & Legislation Affecting the Construction Industry (Arizona summary), Co-Author, ABA Forum on the Construction Industry
  • “Arizona Court of Appeals Clarifies Who Is The “Successful Party” in Litigation for Purposes of Awarding Attorneys’ Fees and Holds that a Subsequent Homeowner Cannot Rescind Its Purchase With Respect to the Original Builder,” Co-Author, Snell & Wilmer Legal Alert (July 2012)
  • “Perfecting a Mechanic’s Lien: The Arizona Court of Appeals Holds that Contractors Need Only Substantially Comply with the Mechanic’s Lien Statutes” Under Construction (June 2011)
  • “Arizona Supreme Court Holds That The Economic Loss Rule May Bar Negligence Claims Against Architects and Design Professionals,” Co-Author, Under Construction (February 2010)
  • “Arizona Residential Contractors Must Make Good On Recovery Fund Payouts Regardless of State’s Delay in Bringing a Subrogation Action,” Co-Author, Under Construction (November 2009)
  • “Payment Collections in the Construction Industry – Protecting Your Rights In A Down Economy,” Co-Author, Under Construction (March 2009)
  • “Methods of Payment Collection for Design Professionals,” Co-Author, Under Construction (September 2008)
  • “Supreme Court Invalidates Voting Rights Act Formula: Arizona and Other Covered Jurisdictions Are No Longer Subject to the Preclearance Requirement,” Co-Author, Snell & Wilmer Legal Alert (June 2013)

Military Service

  • Captain, Arizona Army National Guard (2007-2009)
  • Infantry Platoon Leader, United States Army, 4th Infantry Division, 3-67 Armor (2005-2007); Infantry and officer training, Fort Benning, GA (2003-2005)
  • Veteran of Operation Iraqi Freedom; Awards and Decorations include the Bronze Star Medal and Combat Infantry Badge