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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Arizona Republican Party v. Democratic National Committee

Case Information

Date Filed: April 15, 2016
State: Arizona
Issues: Voter Supression, Absentee Ballots, Provisional Ballots
Current Court: U.S. Supreme Court (Case 19-1258)

Issue:

Whether Arizona's allegedly insufficient number of polling places disenfranchised voters in violation of the Equal Protection Clause, the First Amendment, and section 2 of the Voting Rights Act.

Whether an Arizona law prohibiting individuals from collecting the early ballots of others (aka "ballot harvesting") violates the Voting Rights Act. the Fourteenth Amendment, and the First Amendment because it disproportionately and adversely impacts minorities, unjustifiably burdens the right to vote, and interferes with freedom of association.

Status:

9th Circuit Opinion finding Voting Rights Act violation filed 1/27/20. State's Motion for Stay Granted by 9th Circuit 2/11/20. Petition for Writ of Certiorari filed 4/27/20. Brief of Respondent filed 6/1/2020. Reply of Petitioner Arizona Republican Party filed 7/29/2020.

District Court Documents

 

Ninth Circuit Court of Appeals Documents ("ballot harvesting" appeal)

Ninth Circuit Court of Appeals Documents (wrong precinct voting appeal)

U.S. Supreme Court Documents ("ballot harvesting" appeal)

U.S. Supreme Court Documents ("second ballot harvesting & wrong precinct" appeal)

  • Writ of Certiorari pdf file (4/27/20)
  • Blanket Consent Filed By Petitioner, Arizona Republican Party, et al. pdf file (5/4/20)
  • Granted Motion Of Respondent Katie Hobbs, Arizona Secretary Of State To Extend The Time To File A Response pdf file (5/20/20)
  • Brief Amici Curiae Of Elijah Haahr pdf file (6/1/20)
  • Brief Amici Curiae Of Governor Douglas A. Ducey pdf file (6/1/20)
  • Brief Of Respondent Katie Hobbs, Arizona Secretary Of State In Opposition pdf file (6/1/20)
  • Brief Of Respondents Democratic National Committee, et al. In Opposition pdf file (6/1/20)
  • Reply Of Arizona Republican Party, et al. pdf file (7/29/20)

       

       

       

       

  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    more commentary...

    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

     

    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...