READ: 9th Circuit Throws Out Arizona's "Ballot Harvesting" Ban; Says Law's Intent Was To Discriminate Against Minorities

The 9th Circuit today found that Arizona's so-called ballot harvesting ban, and its policy of "wholly discarding" ballots cast outside the voter's precinct, discriminates against American Indian, Hispanic and African-American voters.

By a 7-4 vote, the en banc panel threw out both, which could significantly impact this year's elections.

The case was brought by the Democratic National Committee, as well as the state's Democratic Party

and others. The Arizona GOP and some Republican officials intervened to join the state in opposing the case.

After a 10-day trial, the District Court judge ruled in favor of the state. A three judge panel at the Ninth Circuit affirmed the case, but plaintiffs convinced a larger panel of appellate judges to reconsider the matter.

So-called ballot harvesting is where groups (generally) visit voters' homes, collect their completed ballots and ensure that they reach the County Elections Department. Arizona banned that practice in 2016.

The majority believes that that ban was enacted "with discriminatory intent", which violates the Voting Rights Act and the Constitution's 15th Amendment. The state tried to show that the lawmakers had acted in good faith, but the judge's had an especially harsh retort.

The good-faith belief of these sincere legislators does not show a lack of discriminatory intent behind H.B. 2023. Rather, it shows that well meaning legislators were used as
“cat’s paws.” Convinced by the false and race-based allegations of fraud, they were used to serve the discriminatory purposes of Senator Shooter, Republican Chair LaFaro, and their allies.

The four dissenting judges charge that the majority went beyond the record from the trial to make their own inferences.

The out of precinct voting portion of the decision may also cause significant changes, particularly in counties that planned to use only precinct-based voting. Several Arizona counties have incorporated "vote centers" - sites where anyone registered in the county can get his or her ballot printed out and tabulated on election day.

The plaintiffs presented evidence showing that Arizona had been throwing out 11 times more ballots for this reason than Washington state (the state with the 2nd most discarded OOP ballots). They also had convinced the trial judge that the discarded OOP ballots were "disproportionately affect(ing) minority voters." The 9th Circuit agreed.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc.

More on these cases and other legal news can be found at ArizonasLaw.org.

AZ Law also airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here.