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America First Legal Foundation v. Fontes, et al.

Case No. CV2023-007067
Superior Court of the State of Arizona in and for the County of Maricopa
Status: Victory
Filed: May 2023

What's at Stake

Following widespread errors and technical problems during the 2022 general election, America First Legal (AFL) submitted a public records request to the Arizona Department of State seeking all emails from November 8 to 16, 2022, sent to and from key officials, including then-Secretary of State Katie Hobbs. The request aimed to shed light on how the election was administered and address concerns raised by voters. Despite the public’s right to transparency, Hobbs failed to respond before leaving office.

After Secretary Adrian Fontes assumed the role, the Department of State denied AFL’s request, claiming the search for emails from four officials over nine days imposed an “unreasonable administrative burden.” AFL sued Secretary Fontes and the Department of State to enforce Arizona’s Public Records Law and secure records vital to public trust.

AFL achieved a victory when the Secretary of State’s Office produced the requested emails, leading AFL to dismiss the case.

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