On September 27, 2024, Federal District Court Judge Michael T. Liburdi rendered a decision in American Encore v. Adrian Fontes that weaponized algorithms surreptitiously embedded in various state boards of elections official voter registration database, turning them into a tool to block elections that bear the modus operandi of mail-in ballot election fraud from being certified.

In his decision, Judge Liburdi referenced a provision in the Elections Procedures Manual (EPM) that Arizona Secretary of State Adrian Fontes, a Democrat, had issued. That provision required the Secretary of State to certify an election by excluding the votes of any county that refused to certify an election. Justice Liburdi quoted the EPM language that became known in Arizona as the “Canvass Provision.” The quoted EPM language, including the parenthetical remark included in the original EPM document, reads as follows:

If the official canvass of any county has not been received by this deadline, the Secretary of State may proceed with the state canvass without including the votes of the missing county (i.e., the Secretary of State is not permitted to use an unofficial vote count in lieu of the county’s official canvass).

Judge Liburdi characterized the rule as “probably unprecedented in the history of the United States” because it “gives the Secretary of State nearly carte blanche authority to disenfranchise the ballots of potentially millions of Americans.”

Image: Adrian Fontes. YouTube screen grab.

Therefore, he ruled that the Canvass Provision was unconstitutional under the Fourteenth Amendment:

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