Guests - Neil Cornett, Dave Smith
Arizona Election Integrity Under Scrutiny: Concerns Over the 2025 Elections Procedures Manual
On today’s edition of Winn Tucson, host Kathleen Winn welcomed Neal Cornett, Director of State Litigation for the Oversight Project, to discuss pressing issues surrounding Arizona's newly adopted 2025 Elections Procedures Manual (EPM). The conversation centered on a letter sent by the Oversight Project and the Pima County Republican Party to Arizona Secretary of State Adrian Fontes and Attorney General Kris Mayes, demanding they disavow or clarify certain provisions that the groups argue infringe on First Amendment rights and invite potential abuse.
Cornett explained why the EPM has become a focal point for election integrity advocates.
"The reason that we're focusing on this elections procedures manual is that we believe, and the Ninth Circuit Court of Appeals also believe this whenever they struck down provisions of the 2023 manual last year, that it is susceptible to use or misuse and abuse," Cornett said. "What the elections procedures manual is meant to do is provide a streamlined definitive account of how elections should operate within the state of Arizona, regardless of which county you're in."
Problems with Electioneering Restrictions (Chapter 9, Section 3A)
The first major concern involves the manual's enforcement of the electioneering ban. Arizona law prohibits electioneering within 75 feet of a polling place entrance, but the 2025 EPM extends that restriction to speech occurring outside the limit if it is audible inside the voting location.
Cornett highlighted the vagueness: "The first question I'd ask is audible to who? And our belief is that this can be used to restrict electioneering that is constitutionally protected because someone could say, 'Oh, well, I can hear it, so therefore you can't be doing it.'"
He added that the provision grants significant discretion to poll workers and election marshals to police language, potentially leading to subjective enforcement. Even progressive organizations, including the ACLU of Arizona, Progress Arizona, and Common Cause, had previously requested clarifying language stating that voter education and monitoring do not constitute electioneering—language that was ultimately not included in the final manual approved in December 2025.
Intimidating Conduct Provisions Raise Red Flags (Chapter 9, Subsection 3D)
The discussion then turned to the manual's non-exhaustive list of behaviors that could be deemed "intimidating conduct," which carries potential Class 2 misdemeanor penalties under Arizona law.
Examples include wearing a uniform that could be interpreted as impersonating law enforcement (even if the person is an actual off-duty officer), aggressive behavior such as yelling or taunting, threatening language, following a poll worker, or making repeated frivolous challenges without good faith basis.
"Who gets to make that call?" Cornett asked. "A violation of any provision of the EPM could subject someone to a class two misdemeanor in Arizona. That can come with a jail sentence."
Winn raised practical scenarios, noting that law enforcement officers, ICE agents, or medical professionals in uniform could be turned away or face prosecution simply for wearing work attire while voting.
Push for Observers and Transparency in Pima County
Winn, as chair of the Pima County Republican Party, detailed ongoing local struggles to secure election observers, particularly in light of House Bill 2022, which expanded observer access to all voting locations and included an emergency clause.
Despite the new law, Pima County has resisted full implementation. Observers face severe space constraints (a 2x3-foot area shared among five parties), arbitrary rules, and suggestions that parties observe on separate days.
Cornett emphasized the importance of observers: "While an observer is probably not going to do anything on the ground to change what's happening, what the observer and the challenger can do is make sure that there is an appropriate record if there does appear to be inconsistencies or vote counts that don't make sense... If you don't have that record, then there's no way to challenge anything."
A new controversy involves a mobile voting center donated by the Tohono O'odham Nation, scheduled to visit rural areas. The unit reportedly lacks space for observers, with the county recorder suggesting they stand outside where they cannot see proceedings—directly conflicting with HB 2022.
Cornett called the development "very troubling" and questioned how it could be authorized, especially given that mail-in balloting was intended to address low rural turnout.
Additional Concerns: Ballot Envelopes and Voter Trust
Winn raised voter frustration over recent changes to mail-in ballot envelopes, which now include scannable signatures and phone numbers processed through the U.S. Postal Service, with envelopes coded to indicate party affiliation visible to ballot counters.
"People are really upset about it... They don't want it to go through the postal system because their signature and their phone number is scanned into the U.S. Postal Service and they just don't trust it," she said.
Cornett acknowledged the concern: "I would not be thrilled if I had to put my name, party affiliation and telephone number on something that's going through the post office. I don't understand the frustration with that."
Broader Context: Restoring Faith in Elections
Both Winn and Cornett stressed that election integrity transcends party lines. Winn noted that even some Democrats have thanked her for advocating transparency, while Cornett emphasized that "everyone on both sides of the aisle should be working toward" elections that people believe in and that are counted in a timely manner.
The Oversight Project can be followed on X at @ItsYourGov and online at itsyourgov.org.
Shifting Topics: The Legacy of Virginia Giuffre and Ongoing Epstein Revelations
Later in the broadcast, Winn turned to developments surrounding Jeffrey Epstein's trafficking network, reflecting on the life and death of Virginia Giuffre, who died by suicide in April 2025 at age 41.
Giuffre was a central figure in exposing Epstein and Ghislaine Maxwell, founding the nonprofit Speak Out, Act, Reclaim (SOAR) to support survivors. She pursued high-profile cases against Maxwell (settled in 2017) and Prince Andrew (settled in 2022 without admission of liability).
Winn described Giuffre as "a force of nature" who gave survivors courage to speak out. She expressed deep emotion over the broader cultural issues tied to trafficking, including the normalization of exploitation and the vulnerability of children.
"This fight goes so far beyond just Jeffrey Epstein because this was a cultural shift to normalize pedophilia for our children," Winn said.
She urged compassion for survivors and accountability for perpetrators, regardless of status, while cautioning against sensationalism that harms healing.
Immigration Enforcement and Congressional Reactions
Winn and guest Dave Smith critiqued recent comments by Rep. Adelita Grijalva following her visit to an ICE detention facility in Eloy. Grijalva described meeting elderly detainees, including a 79-year-old Cuban asylum seeker with advancing dementia and a Phoenix resident with leukemia.
Winn argued that empathy cannot override immigration law: "We are not the world's hospital... If someone comes here and they become ill here, it does not then become the responsibility of the United States government to care for everybody."
Smith described the approach as "emotion as a weapon" used to silence discussion of rule of law, border security, and citizen priorities.
The pair also touched on broader themes of emotional manipulation in politics, illegal immigration's strain on resources, and the need to enforce existing laws consistently.
The broadcast closed with encouragement for voter engagement and pride in recent University of Arizona Wildcats basketball success.