Ninth Circuit Rejects DNC's Push to Block Arizona Ballot Rules
The DNC argued the state's practice of tossing votes cast in the wrong precinct, and a law limiting third-party collection of early ballots, placed unconstitutional burdens on Arizona voters.
September 12, 2018 at 05:56 PM
4 minute read
A pair of Arizona election policies that Democrats say unfairly burden voters are constitutional and in keeping with the Voting Rights Act, a split federal appeals court ruled Wednesday.
A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit affirmed a trial court's May ruling that greenlighted the state's practice of tossing ballots that have been cast in the wrong precinct, and a state law criminalizing most third-party collection of early ballots.
The Democratic National Committee, along with its Senate campaign arm, the Democratic Senatorial Campaign Committee, and the Arizona Democratic Party, first challenged those election practices in April 2016. They argued the out-of-precinct policy places an unconstitutional burden on the right to vote, and the criminalization of most ballot collection was enacted by state legislators with discriminatory intent. U.S. District Judge Douglas Rayes of the District of Arizona sided with the state of Arizona in rejecting those claims.
Arizona's Republican-controlled Legislature passed a law in 2016 that permitted only a voter's family and household member, or caregiver, to collect his or her early ballot.
“DNC argues that H.B. 2023 imposes severe burdens on subgroups of voters unable to vote without the third-party ballot collection services prohibited by H.B. 2023. This argument fails,” said the 76-page opinion written by Judge Sandra Ikuta and joined by Judge Carlos Bea. Ikuta said the DNC failed to show how many voters are unable to vote without such services.
Ikuta also sided with the lower court in concluding the law supported Arizona's interest in preventing voter fraud, “even without direct evidence of ballot collection voter fraud in Arizona.”
The majority agreed with the district court that the burden of the state's policy to only accept ballots cast within the correct precinct was “minimal.” While the DNC said it was only specifically challenging Arizona's practice of discarding votes cast out-of-precinct, Ikuta called that difference a “sophistical one; it conflates the burden of complying with an election rule with the consequence of noncompliance.”
“Although DNC argues that minorities are more likely to cast out-of-precinct ballots, and that there have been close elections where out-of-precinct ballots could have made a difference, the fact that a practice falls more heavily on minorities is not sufficient to make out a Section 2 violation” of the Voting Rights Act of 1965, Ikuta wrote.
Chief Circuit Judge Sidney Thomas' dissent took the majority opinion to task, and criticized Arizona's “labyrinthian system” as one that could easily confuse voters about their assigned polling locations.
“There is no question that Arizona's practice of discarding OOP ballots is also a practice of disproportionately discarding ballots cast by minority voters. The district court recognized as much,” Thomas wrote. Hispanic, Native American and black voters were twice as likely to vote out of precinct in the 2016 general election, he said.
“The burden imposed by Arizona's refusal to count OOP votes is severe,” Thomas wrote.
The DNC could ask the full Ninth Circuit to review the case, or appeal it to the U.S. Supreme Court.
Perkins Coie represented the plaintiffs in the case, with D.C.-based partner Bruce Spiva arguing before the Ninth Circuit. Arizona Solicitor General Dominic Draye argued on behalf of the state, while Snell & Wilmer partner Brett Johnson argued on behalf of the Arizona Republican Party and individual defendants who intervened in the case.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFederal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
2 minute readBiden commutes sentences for 37 of 40 federal death row inmates, including two convicted of California murders
6 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250