AG Brnovich Files Temporary Restraining Order to Stop Illegal Mailing of Ballots

PHOENIX -- Attorney General Mark Brnovich filed a lawsuit to stop Maricopa County Recorder Adrian Fontes from illegally mailing out ballots for the Democratic Presidential Preference Election. The Attorney General's Office (AGO) also filed a temporary restraining order Friday afternoon against Fontes and Runbeck Election Services Inc., to prevent them from mailing the ballots to registered Democrats who have not yet cast ballots in connection with the Democratic Presidential Preference Election.

Under Arizona law, Fontes does not have legal authority to mail a ballot to all voters who have not requested one. ARS 16-542 authorizes ballots to be mailed to electors who "make a verbal or signed request to the county recorder" and who make their request by 5:00 PM on the eleventh day preceding the election. The Democratic Presidential Preference Election is March 17, 2020.

“The Maricopa County Recorder cannot unilaterally rewrite state election laws,” said Attorney General Mark Brnovich. “Fontes is creating chaos in our elections during an already difficult time. In times of crisis, the public looks to our elected officials to follow the law -- not make reactionary decisions for political gain.”

Copy of complaint.

Copy of temporary restraining order.