Yvonne Wingett Sanchez

The Republic | azcentral.com

The manual describes in layman’s terms how to properly carry out elections

The secretary of state is required to submit it to the governor and attorney general at least 90 days before each election

UPDATE: A Chandler attorney has filed a complaint against Secretary of State Michele Reagan over her decision to not revamp the state's official election-procedures manual for poll workers ahead of the 2016 primary and general elections.

In a letter Thursday, attorney Tom Ryan asked Attorney General Mark Brnovich to force Reagan to reissue the manual, or to refer the matter to the special prosecutor who is already investigating Reagan's failure to mail publicity pamphlets in advance of last month's special election.

Ryan also asks Brnovich to "take all actions" necessary to ensure the "integrity of Arizona's elections."

The secretary of state is required to issue the manual no later than 30 days before each election, according to state law, and submit it to the governor and the attorney general at least 90 days ahead of each election.

"She's incapable of running this office," said Ryan, who also targeted Reagan on the pamphlet issue and has called for her impeachment.

The manual, referred to as the “Election Bible” by poll workers, describes in layman’s terms how to carry out elections. It includes directions on the use of election equipment and instructions ranging from how to assist voters to how to establish polling places and handle spoiled ballots.

Spokesmen for Reagan and Brnovich did not immediately respond to The Arizona Republic's request for comment.

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Matt Roberts, a spokesman for Reagan, said earlier this week the office will not issue a new manual. He said by the office's reading of the law, the manual should be in place before each election — but it doesn't have to be new or revised. Election workers will be working off a 2014 manual.

But in his letter, Ryan wrote state law mandates the manual must be reissued and accused Reagan of "flouting" the law.

"The Secretary of State's willful nonfeasance of duties not only impairs the goal of having fair and lawful elections in Arizona, but is also a failure" of duty. His letter cites state law that says any official who knowingly refuses to perform an election-related duty could violate the law — a felony.

On Wednesday, Reagan issued a statement explaining her decision, which came as a surprise to some election officials and poll workers. She wrote her office is running four statewide elections this year, "and 2016 did not seem the appropriate time to be rewriting any election-related" procedures.

“Arizona law requires that there be an Election Procedures Manual in place before each election, not a new or revised manual," her statement said. "This Manual represents the policies and procedures all of our local officials and poll workers have been trained to execute. Now is not a prudent time to have to retrain these workers."

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Reagan stated she will begin meetings in spring 2017 to solicit input on how to update the manual, which she intends to reissue by the end of 2017 "to reflect changing trends in voting and the policies and procedures related to our system of elections."

The issue arises as Reagan’s office is entangled in controversy over its failure to send publicity pamphlets to nearly 200,000 households in advance of the May 17 special election — and only acknowledging the error two weeks later after a media report. The pamphlet problem is the subject of the ongoing inquiry by the special prosecutor.

Scrutiny of Arizona elections has also been heightened because of the long waits to vote, shortage of ballots and inadequate staffing at Maricopa County's 60 polling locations during the March presidential-preference election.

“Would we like to have it? Absolutely,” Yavapai County Recorder Leslie Hoffman said regarding an updated elections manual. “But it will still be business as usual.”

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Hoffman said she and other county elections officials from around the state met to come up with suggestions for an updated manual, as they have done in recent years. She said they submitted their suggestions to the Secretary of State's Office and were told the office was too busy to revamp the manual.

The manual, Hoffman said, “is really beneficial for newer elections officials. ... If there’s a new law that’s been implemented that we have a question on, we have our attorneys that we go to, our county attorneys, and we also have each other.”

She said state officials have told local elections officials they were unable to get a manual updated because they were "just busy."

The manual was last issued in 2014 under former Secretary of State Ken Bennett. Versions were issued in 2013 and 2010 prior to that, Roberts said.

Bennett, reached by phone Tuesday, said his approach was always to improve the election procedures — with input from county election officials.

“We never interpreted it (state statute) as an option of whether you could do it; it was always a ‘shall,’ ” he said. “Our interpretation was that it wasn’t an option to just leave it the way it was, or, I guess if you thought it was perfect the way it was before, then you would resubmit it before the next cycle."

Karen Osborne, elections director for Maricopa County, said she was under the impression the Secretary of State's Office would issue an updated manual ahead of the primary election.

"I didn't know until today there wasn't going to be one," she said Tuesday. "Would it be nice to have one? Yes, but this isn't the end of the world. It's one of those things where we'll just use what we have."

Follow the reporter on Twitter @yvonnewingett and on Facebook. Reach her at yvonne.wingett@arizonarepublic.com or 602-444-4712.