UPDATE, 8/1, 9:45pm: "BREAKING UPDATE: Arizona Counties Must Continue To Accept All Voter Registrations Even Without Proof of Citizenship, 2nd 9th Circuit Panel Rules Tonight; Voters Would Vote Only In Federal Races"
Not surprisingly, a 9th Circuit panel tonight overruled their colleagues who had handed Republican lawmakers a win two weeks ago on rejecting voter registrations from people who use the state form but do not submit "documentary proof of citizenship".
Counties had immediately announced that they would reject the new applications, but the ruling caused much confusion as early voting in the primary election was continuing* and with the November general election fast approaching.
Now, pending consideration of the multiple appeals, Arizona counties will continue to accept voter registration applications that do not attach documentary proof of citizenship - whether with the state form or the federal form. Those voters - who swore that they are U.S. citizens - will only be able to vote in federal races. They will receive a "fed only" ballot. (Maricopa County Voting Centers this week were supplied with "Proof of Citizenship" forms to assist fed-only voters in being able to vote on Arizona races and measures.)
The split 2-1 decision tonight not only cited the well-known (and Arizona-grown) Purcell principle about changing election procedures too close to an election, as well as determining that the previous judges did not properly consider the necessary factors in lifting Judge Susan Bolton's stay on parts of the 2022 law.
The motions panel’s order failed to provide a reasoned analysis of the Nken factors with respect to A.R.S. § 16-121.01(C), and we do not see how a balancing of these factors could weigh in favor of a stay. Moreover, the motions panel overlooked “considerations specific to election cases” and misunderstood the extent of confusion and chaos that would be engendered by a late-stage alteration to the status quo of Arizona’s election rules in apparent disregard of the Supreme Court’s admonitions in Purcell....
Dissenting, Judge Patrick Bumatay disagreed on the balancing of the factors. And, he scolded the majority for taking the unusual step of reconsidering the motions panel's decision.
The majority was Judges Kim Warlaw and Ronald Gould.
* Misperceptions of the ruling were raised multiple times by voters and poll workers at the Mesa Voting Center which I was leading. Not to mention the uncertainty expressed by attorneys, lawmakers, elections officials and others.
***********
UPDATE, 7/18, 1:30pm: "BREAKING UPDATE: 9th Circuit Panel Gives State Temporary Stay Allowing It To Reject Some "Fed-Only" Voter Registrations Submitted Without Proof of Citizenship "
In an interim ruling, a panel of 9th Circuit appeals judges issued an Order today that allows Arizona to reject some voter registrations submitted without "documentary proof of citizenship".
The request was brought by Arizona State Senate President Warren Petersen and House Speaker Ben Toma, as several appeals (and cross-appeals) work their way through the courts. Today's ruling also consolidates and expedites those appeals for another panel of judges, and notes that that other panel might reverse today's stay.
Petersen immediately wrote that today's Order - which denied their requests for other portions of the 2022 laws to go into effect - was a big win: "We are grateful the court is upholding this provision in our law, and it's time for Congress to take action to ensure only lawful U.S. citizens are voting in federal races."
Later: Minutes after this article was published, Maricopa County Recorder Stephen Richer posted that all of the County Recorders would immediately reject voter registration applications on the Arizona form which is not accompanied by the documentary proof. He also noted that federal form applications - in which the potential voter swears that he or she is a citizen - without documentation would continue to be accepted and the voter would receive a fed-only ballot.
Today's Order was from Judges Bridget Bade (Arizona), Kenneth Lee and Danielle Forrest. All were appointed during President Trump's term.
***********
Original article, 6/28: "UPDATE: Toma-Petersen-RNC Lose In One Court, Quickly Ask 9th Circuit For Emergency Stay On Proof of Citizenship (Federal Elections) Issue"
Arizona legislative leaders Ben Toma and Warren Petersen (along with the Republican National Committee filed an Emergency Motion with the 9th Circuit after an Order saying that new requirements to require documentary proof of citizenship to vote in federal elections cannot go into effect for November's election.
Judge Susan Bolton had previously issued a stay preventing portions of the 2022 laws from going into effect. Today, she refused to allow them to go into effect while the Republicans appeal to the 9th Circuit. The Emergency Motion was filed yesterday.
Both sides have appealed (different) portions of Judge Bolton's previous Order, and briefing will continue into the Fall. Secretary of State Adrian Fontes's attorneys have argued that allowing new requirements to go into effect this close to the elections would cause chaos.
Also in today's ruling, Judge Bolton decided - again - that the Arizona Republican Party cannot intervene in the case at this time. The latest attempt was filed by former Arizona Supreme Court Justice Andrew Gould, and Bolton rejected it as moot, based on timing.
This article was reported by AZ Law founder Paul Weich.
"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.
Thank you for keeping us informed!
ReplyDelete