Voting Rights Act of 1965

Updates on Arizona election law challenges

by

The 9th Circuit Court of Appeals has agreed to hear en banc an appeal from the decision of a three judge panel of the court last week in Feldman v. Arizona, upholding Arizona’s new law prohibiting ballot collection. There was a concurrence by Judge Reinhardt and a dissent by Judge O’Scannlain. (The dissent cites the Purcell principle against taking the case. so close to the election.)

The Arizona Capitol Times (subscription required) reports, Full appeals court to review ‘ballot harvesting’ law:

Voting-RightsFederal judges will give Democrats one more chance to make their case that a ban on “ballot harvesting” is illegal.

In a brief order this afternoon, the 9th U.S. Circuit Court of Appeals said the full court wants to review the issue.

Today’s order comes a week after the majority of a three-judge panel of the court concluded the state was legally entitled to adopt legislation that makes it a crime for anyone to take someone else’s ballot to the polling place. That law, approved earlier this year by the Republican-controlled legislature, has exceptions only for family members, those in the same household and certain caregivers.

The majority said the state has a legitimate interest in protecting the integrity of the voting process. And they said the fact there isn’t a single instance of fraud from the practice is legally irrelevant.

Chief Justice Sidney Thomas, in his dissent, said there was no reason to remove an option for voting that is heavily used by minorities. Today’s order essentially wipes out that 2-1 ruling against the challengers, giving them another shot at convincing the court that the ban is racially discriminatory.

Given that the election is Tuesday and the court did not schedule a hearing, it is likely the 11 judges will decide the issue based solely on the briefs.

Read more

Secretary of State warns against vigilante poll observers on election day

by

Arizona Secretary of State Michele Reagan is warning not to engage in illegal conduct on election day.   Secretary of state issues warnings about behavior at polls on election day:

Seeking to avoid confrontation between voters and self-styled poll watchers, Secretary of State Michele Reagan warned Wednesday what will and will not be tolerated at polling places next week.

Some of what Reagan outlined is already law, like who can remain inside polling places and a ban on photos and videos there. And she reiterated that there is no electioneering within 75 feet.

But the key is her warnings of what is unacceptable to occur outside that 75-foot perimeter, an area where partisans can watch and even try to influence voters.

trumpintimidationHer list includes everything from demanding that prospective voters must provide credentials and erecting signs listing the penalty for voter fraud to the “aggressive or ostentatious display of weapons.”

The warning comes amid claims by Republican presidential nominee Donald Trump that the election is “rigged” and that people who are not citizens will be casting ballots.

Trump has repeatedly suggested his supporters need to personally keep an eye on what is happening at polling places. That includes statements at one rally to “check out areas because a lot of bad things happen, and we don’t want to lose for that reason.”

Read more

Democrats sue Trump to prevent voter intimidation in four states (including Arizona)

by

Law Newz blog reports that the Democratic Party has Sued Donald Trump, Roger Stone for Voter Intimidation in 4 States:

trumpintimidationLeaders from state Democratic parties in four states have filed federal lawsuits against Donald Trump, Trump advisor [and GOP ratfucker] Roger Stone, and state Republican parties for “conspiring to threaten, intimidate, and thereby prevent minority voters in urban neighborhoods from voting in the 2016 election.” The legal effort is lead by Marc Elias, the general counsel for the Hillary Clinton campaign.

The lawsuits filed in Nevada, Arizona, Pennsylvania, and Ohio (h/t Election Law Blog) are asking a judge to stop the defendants from monitoring polls, verbally harassing voters, and following them around to take pictures.

In one of the lawsuits, filed by the Nevada Democratic Party, against Stone, Trump, and the Nevada Republican Party, the plaintiffs point to a statement given by an unnamed Trump official that “[w]e have three major voter suppression operations under way” (Bloomberg Business Week) as evidence. The complaint further alleges:

Trump’s supporters have responded with pledges to descend upon polling places in “certain areas” where many minority voters live in order to interfere with their efforts to exercise the franchise…

Immediate relief is necessary. There are only 8 days left until Election Day, and early in-person voting in Nevada is well underway. Trump’s calls for unlawful intimidation have grown louder and louder, and the conspiracy to harass and threaten voters on Election Day has already resulted in numerous acts that threaten to interfere with the voting rights of registered Nevada voters.

Read more

9th Circuit upholds discriminatory AZ ballot collection law for this election

by

The 9th Circuit Court of Appeals late Friday upheld Arizona’s discriminatory ballot collection law, which has a disparate impact on Native American and Latino communities. It is the final word for this election, but will not be the final word on this law. Divided Ninth Circuit panel upholds Arizona ballot harvesting ban:

Voting-RightsSaying there was no proof of racial discrimination, a federal appeals court ruled (.pdf) late Friday upheld the state’s new law against “ballot harvesting.”

Judge Sandra Ikuta, writing for the divided three-judge panel of the 9th U.S. Circuit Court of Appeals, acknowledged there was evidence that the law which took effect in August could make it more difficult for residents of rural communities, particularly those with limited or no mail service. The same is true, she said, of voters who are homebound and the elderly.

But Ikuta said there was “no evidence that these categories of voters were more likely to be minorities than non-minorities.”

That failure is significant: Federal courts can void state laws for violating the Voting Rights Act only if judges conclude that the statute has a disparate effect on minorities. Without that, Ikuta said, this challenge fails.

Read more

GOP war on voting: the GOP myth of rampant voter fraud

by

“Oh, what a tangled web we weave. When first we practise to deceive!”

The Republican Party has for years perpetuated the myth of rampant voter fraud for two purposes: (1) to suppress voter turnout, and (2) to delegitimize Democratic voters.

This GOP mythology has been so pernicious that Greg Sargent at the Washington Post writes today, Trump will claim the election was stolen. This new poll shows GOP voters may believe him.

There’s a simple reason Donald Trump keeps claiming that rampant voter fraud ensures a rigged election whose outcome will be illegitimate, if he loses: Republican voters, and Trump supporters, are inclined to believe him.

Screenshot from 2016-01-26 06:42:51The Public Religion Research Institute released a remarkable new poll this morning that confirms the point. It finds that a huge majority of Republican respondents say voter fraud is a bigger problem than restricted access to voting is. And there is a striking racial divide on this question as well — more on that in a moment.

The poll finds that among Americans overall, only 43 percent have a great deal of confidence that their votes will be counted accurately. That’s unfortunate, to be sure. Meanwhile, the partisan divide is notable: 55 percent of Democrats have a great deal of confidence in the vote counting, while 44 percent of Republicans and 41 percent of Trump supporters feel the same way.

Read more