SETTLED: Arizona’s Election Day Deadline For RECEIVING Mailed In Ballots Remains… For 2020, At Least

Arizona and Democratic groups finalized the  settlement of a lawsuit challenging the law that mail-in ballots must be received by 7pm on Election Day. The Democratic Party said that the ballots should be accepted and counted as long as they are postmarked by Election Day (and received within five days after). The E-Day receipt deadline will remain in place for this year’s elections, but the state agrees to study switching to a postmark deadline for future elections.

Arizona also promises to use some federal funding from pandemic relief measures to increase early voting opportunities in Native American, Latino and rural communities this year.

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The Settlement Agreement was filed with the District Court last night after telling the court late last month that a settlement in principle had been reached.

Attorneys for the Democratic-affiliated groups Voto Latino and Priorities USA filed the suit looking to change Arizona to a postmark deadline. Democratic Secretary of State Katie Hobbs did not side with the Plaintiffs, and the Attorney General’s Office has represented her in defending the received by Election Day law.

“We were able to come to an agreement quickly in this case because our office was already working on many of the initiatives being requested,” Hobbs said. “This settlement was possible because both sides share the same goal of ensuring voters have the ability to participate in a way that is meaningful to them.”

The Democratic groups also characterized the settlement as a “victory”. “This is a big win for voting rights and accessibility,” said María Teresa Kumar, president and CEO of Voto Latino. “The right to cast a vote safely, even during a global health crisis, will not be infringed.

Arizona moved to so-called “no excuse” absentee mail-in voting  a bunch of years ago, and most Arizonans are on the Permanent Early Voting List, which gives them the option of using the early-mailed ballot or voting in person on Election Day. People can mail a PEVL request form to their County Recorder or add their name online at ServiceArizona.com.

The Settlement Agreement can be reviewed at Arizona’s Law, where this article was originally posted by contributor Phoenix attorney Paul Weich.

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