Arizona Mail Ballot Deadline*
Voto Latino v. Hobbs
Challenging Arizona over its mail ballot deadline law and practice that systematically disenfranchise voters in general and Hispanic and Latino voters in particular. Arizona requires ballots to be received by 7 p.m. on Election Day. If the ballot is received after 7 p.m. on Election Day, the ballot is discarded. Even if the ballot was postmarked well in advance of Election Day, including before or during the five to seven recommended days, but failed to arrive because of mail irregularities, the ballot is rejected. The Election Day Receipt Deadline has particularly profound implications for Arizona’s Hispanic and Latino voters. Statistically, they comprise a disproportionately significant portion of voters whose ballots are rejected under the Election Day Receipt Deadline. Indeed, in rural counties Hispanic and Latino voters are five to six times more likely to be disenfranchised than white voters. We claim that Arizona’s unjustified imposition of the Election Day Receipt Deadline violates the First and Fourteenth Amendments and Section 2 of the Voting Rights Act.
Arizona Ballot Order
Mecinas v. Hobbs
Constitutional challenge to Arizona’s ballot order statute, which requires that candidates affiliated with the same political party as the gubernatorial candidate who won the most votes in a particular county are listed first on that county’s ballots. In practice, the statute has consistently favored Republicans, and in 2020 a full 82% of Arizonans will vote on ballots that list Republican candidates first for every partisan race. Expert analysis shows that first-listed candidates in Arizona received, on average, between a 2.2 and 4.4 percentage point average gain due to their ballot position. We contend that the statute unduly burdens the right to vote in violation of the First and Fourteenth Amendments and treats similarly situated candidates differently without sufficient justification, in violation of the Fourteenth Amendment.
Arizona Ballot Collection
DNC v. Hobbs
In 2016, the DNC, DSCC and others challenged two provisions of Arizona law: (1) a 2016 law that criminalized the practice of ballot collection, and (2) Arizona’s wholesale rejection of ballots cast in the wrong precinct. The Ninth Circuit held that the law was enacted with the intent to discriminate against minority voters, and struck down Arizona’s practice of entirely discarding ballots cast in the wrong precinct.
Arizona Citizenship Document (2013)
Arizona v. Inter Tribal Council of Arizona et al.
Challenging Arizona law that required voter registration officials to reject any registration application that was not accompanied by documentary evidence of citizenship.