Courts & Law

Primary races for Secretary of State – What I expect to hear from the candidates

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Posted by AzBlueMeanie:

Democrats in Arizona now have a primary race for Secretary of State — the chief elections officer in Arizona. Sen. Leah Landrum Taylor (LD 16) is joined by former Attorney General Terry Goddard as of Monday. Democrat Goddard to run for secretary of state.

On the Republican side we have the co-author of the GOP Voter Supression Act, HB 2305, Sen. Michele Reagan (subject to a "citizens veto" referendum on the 2014 ballot), Rep. Justin Pierce, former state Sen. Jack Harper, and self-funded millionaire Wil Cardon.

So let me lay down some markers of what I expect to hear from the candidates in the way of policy proposals for election law in Arizona.

I have been arguing for some time in favor of the "universal voter registration" proposals from the Brennan Center for Justice. Voter Registration Modernization | Brennan Center for Justice.

In a universal voter registration system, it would be the government's obligation to ensure that every eligible citizen was registered to vote. Individual citizens could opt out if they wished, but the registration process itself would no longer serve as a barrier to the right to vote.

Here are some of the important ways that federal policy can and should encourage the states to improve on the current voter registration system:

1. Mandate that the states put systems in place that would phase in universal voter registration, while preserving the states' ability to experiment with different systems.

2. Require states to immediately implement permanent registration, so that voters wouldn't have to re-register if they moved within a state.

3. Require states to implement Election Day registration, as a fail-safe mechanism for eligible voters missing from the voter rolls for any reason.

4. Provide the federal funding that states would need to ensure that every eligible voter is registered.

In 2013, Oregon Secretary of State Kate Brown came within one vote in the state senate of passage of House Bill 3521, a universal voter registation bill, when a Democratic senator balked at voting for the bill. Secretary Brown promises to bring this bill back again in 2014.

Court cases to watch in the coming weeks

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Posted by AzBlueMeanie:

Our lawless legislature has several cases in court to keep an eye out for a decision in the coming weeks.

The first case of importance is Biggs, et al. vs. Brewer, et al. (CV2013-011699), the Tea-Publican legislature's challenge to Governor Jan Brewer's Medicaid (AHCCCS) expansion plan heard in Maricopa County Superior Court by Judge Kathleen Cooper on December 13, 2013. A Minute Entry dated December 18 says the matter is "under advisement." Judge Cooper did not indicate at the December 13 hearing when she would rule on pending motions, but there is a deadline of sorts — the "ObamaCare" Medicaid expansion provisions become effective on January 1, 2014.

Harris, et al. v. Arizona Independent Redistricting Commission (CV-12-0894-PHX-ROS-NVW-RRC), the Tea-Publican legislature's challenge to the Arizona Independent Redistricting Commission's (AIRC) state legislative districts map, was heard by a three judge panel of federal judges on March 22 and concluded on March 30, 2013. Supplemental briefs addressing the effect, if any, of the U.S. Supreme Court decision in Shelby County v. Holder on this case wrapped up by August 9. A decision has been pending for more than 120 days.

We are already well into the 2014 election cycle with the primary filing deadline in May. I would argue that time has already expired on the game clock — there needs to be certainty in legislative district lines, and the 2012 legislative district lines should remain in place for 2014. I anticipate a decision in this case shortly.

Court Certifies Lambda Legal Arizona Benefits Case as Class Action

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Posted by AzBlueMeanie: Blog post from Lamda Legal: Court Certifies Lambda Legal Arizona Benefits Case as Class Action: Lawsuit Now Covers All Lesbian and Gay State Employees by Lambda Legal December 24, 2013 Yesterday, the U.S. District Court for the District of Arizona certified as a class action Lambda Legal's lawsuit on behalf of lesbian … Read more

2013 a big year for Marriage Equality – 2014 could be a bigger year

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Posted by AzBlueMeanie:

EqualWho would have ever thought that marriage equality for gays and lesbians would be the dominant news story today? The Tenth Circuit Court of Appeals has again rejected the state of Utah's request for an emergency stay of the U.S. District Court decision in favor of marriage equality in Utah. The New York Times reports, Appeals Court Refuses to Halt Same-Sex Marriages in Utah:

A federal appeals court cleared the way on Tuesday for same-sex marriages to continue across Utah, denying an emergency request from state officials to halt a flood of unions that began after a lower-court judge declared the state’s ban on same-sex marriage to be unconstitutional.

Advocates of same-sex marriage cheered the ruling from the United States Court of Appeals for the 10th Circuit, in Denver, while the Utah attorney general’s office said it would ask the United States Supreme Court to temporarily halt same-sex marriages in the state until the legal battles could be resolved.

Lyle Denniston at SCOTUSblog reports, Utah marriage case on way to the Court:

In a two-page order, a two-judge motions panel of the Tenth Circuit found that a stay was not warranted, expressing some uncertainty that the state’s position against same-sex marriage would ultimately prevail in court. The judges set the case (Kitchen v. Herbert (Circuit docket 13-4178)) for expedited review, with a briefing schedule to be issued shortly.

10th Circuit Court of Appeals rejects Utah’s motion for stay of marriage equality ruling

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Posted by AzBlueMeanie:

Steve Benen reports, Appeals court allows Utah marriages to continue:

Late Friday, a federal district court ruled that Utah’s ban on same-sex marriages is unconstitutional. Judge Robert Shelby . . . did not issue a stay with his decision, which meant that on Friday afternoon, marriage equality was the law of the land in Utah – a reality that many same-sex couples were eager to quickly take advantage of.

Over the weekend, state officials sought emergency relief from the 10th Circuit Court of Appeals. That didn’t go well.

A federal appeals court on Sunday declined to stop officials in Utah from issuing marriage licenses to same-sex couples following a judge’s ruling last week that overturned the state’s ban on gay marriage.

Utah Governor Gary Herbert asked for an emergency stay to prevent marriage licenses from being issued to same-sex couples after U.S. District Judge Robert Shelby on Friday ruled the ban unconstitutional.

In this case, state officials basically tried to move things along more quickly – they went to the 10th Circuit over the weekend so they wouldn’t have to wait until this morning to try again with Judge Shelby. The 10th Circuit effectively told the state that there was no actual emergency so there’s no reason to short circuit the normal procedure.