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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