Question Presented (AI Summary)
Does Arizona's out-of-precinct policy violate Section 2 of the Voting Rights Act?
Question Presented (OCR Extract)
QUESTIONS PRESENTED Arizona, like every other State, has adopted rules to promote the order and integrity of its elections. At issue here are two such provisions: an “out-ofprecinct policy,” which does not count provisional ballots cast in person on Election Day outside of the voter’s designated precinct, and a “ballot-collection law,” known as H.B. 2023, which permits only certain persons (i.e., family and household members, caregivers, mail carriers, and elections officials) to handle another person’s completed early ballot. A majority of States require in-precinct voting, and about twenty States limit ballot collection. After a ten-day trial, the district court upheld these provisions against claims under Section 2 of the Voting Rights Act and the Fifteenth Amendment. A Ninth Circuit panel affirmed. At the en banc stage, however, the Ninth Circuit reversed—against the urging of the United States and over two vigorous dissents joined by four judges. The questions presented are: 1. Does Arizona’s out-of-precinct policy violate Section 2 of the Voting Rights Act? 2. Does Arizona’s ballot-collection law violate Section 2 of the Voting Rights Act or the Fifteenth Amendment?
Docket Entries
2021-08-02
JUDGMENT ISSUED.
2021-01-28
Record from the U.S.C.A. 9th Circuit electronic and located on Pacer.
2021-01-25
Record requested from the U.S.C.A. 9th Circuit.
2020-12-04
Brief amici curiae of Public Interest Legal Foundation, et al. filed.
2020-10-28
Blanket Consent filed by Petitioner, Arizona Republican Party, et al.
2020-10-26
Blanket Consent filed by Petitioner, Mark Brnovich, et al.
2020-07-29
DISTRIBUTED for Conference of 9/29/2020.
2020-07-28
Reply of petitioner Mark Brnovich, et al. filed. (Distributed)
2020-07-02
Motion to delay distribution of the petition for a writ certiorari until July 29, 2020, granted.
2020-07-02
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from July 15, 2020 to July 29, 2020, submitted to The Clerk.
2020-06-01
Brief amicus curiae of Republican State Leadership Committee filed.
2020-06-01
Brief amici curiae of Election Integrity Project California and Arizona filed.
2020-06-01
Brief amicus curiae of Helen Purcell filed.
2020-06-01
Brief amici curiae of Pacific Legal Foundation, Center for Equal Opportunity, and Project 21 filed.
2020-06-01
Brief amicus curiae of American Constitutional Union filed.
2020-06-01
Brief amici curiae of Kentucky Secretary of State Michael Adams, et al. filed.
2020-06-01
Brief amicus curiae of Honest Elections Project filed.
2020-06-01
Brief amicus curiae of Maricopa County filed.
2020-06-01
Brief amici curiae of Public Interest Legal Foundation et al. filed.
2020-05-29
Brief amici curiae of States of Ohio, et al. filed.
2020-05-29
Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
2020-05-20
Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2020, for all respondents.
2020-05-20
Motion of respondent Katie Hobbs, Arizona Secretary of State to extend the time to file a response from June 1, 2020 to July 1, 2020, submitted to The Clerk.
2020-04-30
Blanket Consent filed by Petitioner, Mark Brnovich, et al.
2020-04-27
Petition for a writ of certiorari filed. (Response due June 1, 2020)
Attorneys
American Constitutional Rights Union
American Constitutional Union
Arizona Republican Party, et al.
Brennan Center for Justice at NYU School of Law
Casper Sleep Inc. With Over 250 Business Leaders
Constitutional Accountability Center
Democratic National Committee, et al.
District of Columbia, et al.,
Election Integrity Project California, et al.,
Elijah Haahr, Paul Gazelka, David Ralston, Ron Ryckman, Brady Brammer, and Matt Simpson
Empirical Elections Scholars
Fair Fight Action, Inc. and Arizona Voter Empowerment Task Force
Governor Douglas A. Ducey, President of the Arizona State Senate Karen Fann, and Speaker of the Arizona House of Representatives Russell Bowers
Helen Purcell in Support of Petitioners
Judicial Watch, Inc. and Allied Educational Foundation
Katie Hobbs, Arizona Secretary of State
Kentucky Secretary of State Michael Adams, Louisiana Secretary of State R. Kyle Ardoin, and Missouri Secretary of State John R. Ashcroft
Legislators Elijah Haahr, et al.
Mi Familia Vota, Arizona Center For Empowerment, Chispa Arizona, League of Women Voters of Arizona
NAACP Legal Defense & Educational Fund, Inc.
National Association for the Advancement of Colored People and Lawyers’ Committee for Civil Rights Under Law
National Congress of American Indians
Navajo Nation in Support of Respondent
North Carolina, Memphis, Central Virginia, and Miami-Dade Chapters of the A. Philip Randolf Institute
Pacific Legal Foundation, Center for Equal Opportunity, and Project 21
Professor Nicholas Stephanopoulos
Public Interest Legal Foundation et al.
Republican Governors Public Policy Committee
Republican State Leadership Committee
Senate Staffers and Other Leading Participants in the 1982 Amendments to the Voting Rights Act
Senator Ted Cruz and Ten Other Members of the United States Senate
Southeastern Legal Foundation
State And Local Election Officials
States of Ohio, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia
The American Civil Liberties Union and The American Civil Liberties Union of Arizona
The Leadership Conference on Civil and Human Rights et al
Wisconsin Majority Leader Scott Fitzgerald and Speaker Robin Vos