On Friday, US District Court Judge Michael Liburdi rejected a request for an emergency injunction from two groups closely associated with the Mark Kelly campaign and the Democrat attorney behind the Russiagate hoax, Marc Elias against Clean Elections USA.
The progressive groups, Arizona Alliance for Retired Americans and Voto Latino, sought to prevent ballot drop box monitoring for the midterm elections by Clean Elections USA, founded by conservative minister Melody Jennings.
The groups alleged that Clean Elections USA and Jennings violated Section 11(b) of the Voting Rights Act and the Support or Advocacy Clause of the Ku Klux Klan Act.
The Alliance was granted standing, however Voto Latino failed to demonstrate “any other concrete or particularized injury,” and were denied the right to sue.
Veronica Lucero, representing Jennings, argued that an injunction would necessarily be too broad and therefore was a violation of her client’s rights. The judge agreed.
“Davillier Law Group was honored to be able to successfully vindicate the First Amendment right of peaceful assembly in this matter by defeating the Democrats’ attempt to obtain a restraining order. Our associate Veronica Lucero’s masterful performance at oral arguments on less than a day’s notice will not soon be forgotten,” said Alexander Kolodin of the Davillier Law Group.
Liburdi found that he could not “craft a meaningful form of injunctive relief that does not violate Defendants’ First Amendment rights and those of the drop box observers.”
“While there are serious questions implicated, the Court cannot provide preliminary injunctive relief without infringing core constitutional rights, a preliminary injunction cannot issue on these facts, but Arizona Alliance is invited to return to this Court with any new evidence that Defendants have engaged.”
Judge Liburdi noted that “the mere act of poll watching is not a fundamental right that carries its own distinct First Amendment protection.”
“The evidence in the record shows that Defendants’ objective is deterring supposed illegal voting and illegal ballot harvesting. Ms. Jennings’ social media posts demonstrate that she believes the presence of her volunteers alone would convey messages to these supposed “ballot mules.” The message is that persons who attempt to break Arizona’s anti-ballot harvesting law will be exposed,” wrote Liburdi. “On this record, therefore, the Court finds that a reasonable observer could interpret the conduct as conveying some sort of message, regardless of whether the message has any objective merit.”
However, Judge Liburdi found:
“Plaintiffs have not provided the Court with any evidence that Defendants’ conduct constitutes a true threat. On this record, Defendants have not made any statements threatening to commit acts of unlawful violence to a particular individual or group of individuals. There is no evidence that Defendants have publicly posted any voter’s names, home addresses, occupations, or other personal information. In fact, Jennings continuously states that her volunteers are to “follow laws” and that “[t]hose who choose to break the law will be seen as an infiltrator intent on causing [CEUSA] harm.” Jennings’ social media posts also admonish volunteers to remain outside the statutorily prescribed seventy-five-foot voting location radius.
Furthermore, the record contains evidence of Jennings’ social media posts instructing her affiliates not to engage with or talk to individuals at the drop boxes. Even if these statements are mere window dressing, a reasonable listener could not interpret Ms. Jennings’ social media pronouncements that alleged “mules” will “shrink back into the darkness” following her drop box initiative as true threats.”
Two Republican Arizona State Senators, Michelle Ugenti-Rita and Kelly Townsend called on Maricopa County Recorder Stephen Richer to remove two ballot drop boxes that have become the centers of controversy. The drop boxes have prompted allegations of voter intimidation and threating behavior from partisans on both sides of the political aisle.
Richer has ignored their calls to keep the community safe by removing objects of contention while preserving voters’ rights.
Arizona Senators Call On Maricopa County Election Officials To Place Drop Boxes Inside After Threats