DUELLING TRANSFERS: Which Judge(s) Will End Up Hearing Challenges To AZ's New Proof-Of-Citizenship-To-Vote Law (READ Motion)

UPDATE, 4/7, 4:45pm: Judge David Campbell (Case #2) issued an order this afternoon saying he will issue an order "in the next few days" on the motion to transfer Case #4 to him. (See below.)

Four of Arizona's federal judges currently are assigned to four different lawsuits challenging Arizona election laws. There are now two duelling Motions to Transfer the two new cases filed last week against the newly-minted Arizona law adding proof of citizenship requirements to a group of longstanding Arizona voters.

Confused? You won't be after this episode.

Earlier cases: 

1. Mi Familia Vota challenged Arizona's ballot curing laws and the impact on the Navajo Nation in 2021. It is being handled by Judge Dominic Lanza.

2. LULAC  filed a case in 2017. It is assigned to Judge David Campbell.

New Cases:

3. Mi Familia Vota (and others) filed on March 31. It is (still) assigned to Judge Susan Brnovich, the wife of named defendant Mark Brnovich.

4. LUCHA and LULAC - two different organizations that sometimes work together - filed on March 31. Judge Susan Bolton is currently assigned to it.

Motions to Transfer:

A. Probably as a result of the assignment to Judge Brnovich, General Brnovich filed a Motion to Transfer the new Mi Familia Vota case to MFV I Judge Lanza. The AG claims that the cases are related because of the similar parties, attorneys, and they both deal with election laws.

B. LUCHA/LULAC filed last week's case as being "related", and are thus hoping to have Judge Campbell handle it, too

Motion to STAY Transfer: 

C. Mi Familia Vota has now filed a Motion to Stay the AG's Motion to Transfer. It claims that the two new cases are much more related to each other than each of the new ones are to each of the old ones. 

Says MFV: "While Plaintiff does not oppose transfer before this Court, it believes the Court

should stay its consideration of the motion to transfer until the transfer motion that is

pending in LUCHA and LULAC is addressed given the substantial similarities between this

litigation, LUCHA, and LULAC. If LUCHA proceeds before Judge Campbell, it may make

the most sense for this matter to as well. Further, for the reasons stated herein Plaintiff

believes this matter does not have a significant relationship to Mi Familia I and, at a

minimum, should certainly not be consolidated with the earlier matter."

What's next?: Judge Lanza had indicated that he wanted to decide the AZAG Motion to Transfer quickly - which probably explains why Judge Brnovich did not immediately remove herself from Case #3. This Motion to Stay may throw a monkey wrench in that plan, and a recusal could be the next thing to cross our desk. Stay tuned.

This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

"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. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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