Holtzman Vogel Attorneys Secure Legal Victory Finding Two Provisions in Arizona’s Elections Procedures Manual Unconstitutional

September 30, 2024

Holtzman Vogel attorneys successfully challenged two provisions of the Arizona Elections Procedures Manual (“AZ EPM”) that threatened voters’ right to free speech and endangered vote counts in future elections.

Partners Andrew Gould, a former Arizona Supreme Court Justice, and Drew Ensign effectively argued on behalf of Plaintiffs, American Encore and America First Policy Institute, that the AZ EPM’s Vote Nullification Provision imposed an unfair burden on voters by enabling the Secretary of State to throw out the results of an entire county if that county’s board of supervisors failed to certify the election results in a timely manner. Additionally, they argued that the Speech Restriction limited Arizonans’ First Amendment rights at polling locations. Ultimately, the United States District Court for the District of Arizona sided with  Plaintiffs.

“Holtzman Vogel is committed to the pursuit of fair and just elections and this lawsuit reinforces our dedication to ensuring that every voice is heard and every vote counts.” said Gould.

Joining Gould and Ensign on the Holtzman Vogel team were attorneys Dallin Holt, Brennan Bowen, Dan Tilleman and Emily Gould, and paralegal Lisa Charette. Based in Phoenix, the Holtzman Vogel Arizona office continues to deliver favorable outcomes for clients related to election law and constitutional rights.