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Beyond Brnovich – How an Arizona Voting Rights Case Will Have Sweeping Consequences

Election Law Society · March 11, 2022 ·

By: Mike Arnone

In July, the Supreme Court handed down its decision in Brnovich v. DNC, arguably its most significant voting rights decision since Shelby County v. Holder in 2013. Two Arizona election restrictions were at issue in Brnovich, but the Court’s holding will have far-reaching consequences beyond the Grand Canyon State.

The restrictions at the heart of Brnovich prohibited out-of-precinct ballots from being counted and criminalized the collection of ballots for delivery to polling places, a common practice sometimes called “ballot harvesting.” In a 6-3 majority opinion written by Justice Alito, the Court upheld both provisions under Section Two of the Voting Rights Act of 1965 (VRA). The majority ruled that Section Two of the VRA could only be used to invalidate voting restrictions that place “substantial and disproportionate burdens on minority voters.” Because Arizona provided multiple ways to vote, “any burden associated with one option cannot be evaluated without also taking into account the other available means.” Burdens on voting, then, must be evaluated by the totality of the circumstances.

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California Officials Clash With Republican Party Over Unauthorized Ballot Drop Boxes

vebrankovic · December 9, 2020 ·

By Sam Petto

In early October, a controversy was brewing in California as officials launched legal threats against the California Republican Party for its use of “unauthorized” ballot drop boxes. Finding the California Republican Party set up over 100 unauthorized, non-official drop boxes in the state, California officials sent a cease-and-desist letter demanding that GOP officials hand over ballots, disclose the locations of its unauthorized boxes, and cease current ballot collection practices to prevent voter confusion.

In their letter, officials claimed only county officials had the authority to determine the number, location, and hours of availability for drop boxes, and that state law established rules requiring designated ballot retrievers to collect and return ballots. Additionally, the state claimed that the GOP’s boxes violated laws requiring a third-party ballot collector to have their name, signature, and relationship to the voter listed on the ballot pursuant to Elections Code Section 3011(a).Californians have to know who they are signing their ballot over to if they are not depositing it into an official drop box. Here, state officials argued they did not know.

[Read more…] about California Officials Clash With Republican Party Over Unauthorized Ballot Drop Boxes

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