Arizona Court of Appeals Dismisses Challenge to Elections Procedures Manual for Lack of Standing

By Eric H. Spencer and Joseph Kanefield¹

The Arizona Court of Appeals recently issued a memorandum decision in Republican National Committee v. Fontes, affirming the dismissal of the Republican National Committee’s (RNC’s) challenge to multiple provisions of Arizona’s 2023 Elections Procedures Manual (EPM). The court held that the RNC lacked standing to contest the legality of various EPM provisions. The decision leaves certain challenged EPM provisions in place, but more importantly, highlights the strict standing requirements that apply when political organizations seek judicial review of election rules.

Background

The Arizona Secretary of State is required to issue an Elections Procedures Manual every two years to promote uniformity in the conduct of elections.

The Secretary issued the previous EPM on December 30, 2023. Thereafter, the RNC and other party committees sued in Maricopa County Superior Court, alleging the entire EPM was invalid because the Secretary allegedly failed to follow the Arizona Administrative Procedure Act (APA), and bringing eight alternative claims seeking to invalidate various EPM provisions as conflicting with state or federal law. The superior court dismissed all claims.

Initially, the Court of Appeals revived the APA challenge, but the Arizona Supreme Court reversed, holding in October 2025 that the APA does not apply to the EPM’s promulgation. On remand, the Court of Appeals was tasked with addressing the RNC’s remaining alternative challenges to individual provisions.²

Lack of Standing

The central issue before the Court of Appeals was whether the RNC could establish standing under the Declaratory Judgment Act (DJA), which allows a plaintiff to seek a judicial declaration where the plaintiff’s “rights, status, or other legal relations are affected” by a rule or statute at issue. Despite acknowledging that Arizona does not have a federal-style “case or controversy” requirement, the court reaffirmed that the state nonetheless maintains a “rigorous standing requirement” grounded in principles of judicial restraint. Courts avoid issuing non-binding advisory opinions, and will not adjudicate generalized disputes or disagreements over government policy.

First, the Court of Appeals addressed the fact that the RNC previously had standing to bring the earlier APA claim before the courts. But the RNC prevailed on standing because the APA contains a broad provision allowing “[a]ny person who is or may be affected by a rule” to challenge procedural infirmities. That broad statutory grant does not exist in the DJA. Thus, standing had to be analyzed anew—and more narrowly—for the RNC’s substantive claims.

The court then held that the RNC’s allegations—such as its general interest in proper election administration, diversion of resources to pursue these claims, and the possibility of future criminal exposure for following the EPM—reflected grievances shared broadly by all voters and political organizations. Such concerns do not constitute the type of concrete, legally cognizable interest necessary under the DJA.

The RNC also urged the Court of Appeals to rely on the Ninth Circuit’s “competitive-standing” decision in Mecinas v. Hobbs, 30 F.4th 890 (9th Cir. 2022), which held that political parties may sue if an election-related policy shifts the competitive landscape against them. But the Court of Appeals rejected this approach, emphasizing Arizona courts are not bound by federal standing concepts. Even if previous Arizona appellate courts had adopted this concept, the RNC failed to show the EPM provisions at issue conferred any partisan advantage.³

Significance

Unless this opinion is overturned by the Arizona Supreme Court, political parties and advocacy groups will generally face significant obstacles when seeking to challenge EPM rules or other administrative election procedures. To establish standing, a party or organization must demonstrate a direct impact on its own legal rights, a non-generalized injury distinct from those shared by voters or other groups, and a controversy ripe for judicial resolution (rather than abstract disagreement with policy). These are the standard building blocks for establishing standing in civil cases. The only exception here is to bring a mandamus claim—where standing is relaxed—but that claim only applies to cases where an election official fails to perform a non-discretionary duty.

Because the EPM generally governs election officials, not political parties or political organizations, many procedural challenges to an EPM provision will fail unless brought by a voter directly affected by the provision, a candidate whose rights are materially burdened, or, in some cases, an election official subject to civil or criminal enforcement.⁴ The Snell and Wilmer team will continue to monitor this case and other related election law developments.