Thursday, October 8, 2020

UPDATE: Split 9th Circuit Panel (Temporarily) Rejects GOP's Effort To Re-Impose Arizona's Voter Registration Deadline

By a 2-1 vote last night, a 9th Circuit panel kept Arizona's extended voter registration deadline in place. Two days ago, a District Court Judge extended it from Monday until October 23, because pandemic-related restrictions had impeded voter registration efforts. The Republican party immediately appealed, but the appellate judges expressed doubts that the Republican party had standing to defend the constitutionality of the statutory deadline.

Instead, the Order invites Attorney General Mark Brnovich to file its own Stay Motion by 5pm today, with briefing to be completed by Saturday night. The AG's Office asked to join the case Tuesday night after Secretary of State Katie Hobbs indicated that she would not appeal the extension. (The AG's Motion is below.)

The Order states "the panel has serious doubts regarding appellants’ ability as private parties to seek a stay in this appeal, including an administrative stay." It notes that Judge Jay Bybee - a Bush* appointment - would have granted the stay. (The other two judges are Clinton appointments.)

The Court also notes that it has not yet granted Brnovich's effort to intervene. The case was filed last week by pro-Democratic organizing group Mi Familia Vota, and only named the Secretary of State as a defendant. 

Mi Familia Vota v Hobbs - Ct Scheduling Order 100720 by arizonaspolitics on Scribd

Mi Familia Vota v Hobbs - State's Emergency Motion to Intervene by arizonaspolitics on Scribd




* This has been corrected to reflect that Judge Bybee was appointed by President George W. Bush, not Donald Trump.

"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.

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Monday, October 5, 2020

BREAKING: Arizona voter registration deadline EXTENDED until October 23. READ Judge Logan's opinion

 In a stunning last minute decision, a judge extended Arizona's voter registration deadline from today until October 23. U.S. District Court Judge Steven Logan issued the ruling in a case brought by Mi Familia Vota mere hours before the statutory deadline of October 5.


For a very good (and, quick) article on the ruling, please see the article by Andrew Oxford.

Here is the ruling itself. There is no word yet on whether the state will appeal to the 9th Circuit.

2020 1005 MiFamilia -Ruling by arizonaspolitics on Scribd

AZ Law 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. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

UPDATE: Split 9th Circuit Panel (Temporarily) Rejects GOP's Effort To Re-Impose Arizona's Voter Registration Deadline

By a 2-1 vote last night, a 9th Circuit panel kept Arizona's extended voter registration deadline in place. Two days ago, a District Cou...