Arizona Ballot Harvesting Case Has Nationwide Implications

[Photo from Cronkite News video]

A potential landmark case involving Arizona’s election laws, including who can handle and deliver vote by mail ballots. This case is a National Voter Registration Act (NVRA) of 1993 Section 2 issue. The Democrat National Committee (DNC) sued Arizona under NVRA Sec 2 (b) (2) claiming Arizona law limiting who may drop off ballots interfered with the participation of eligible minority citizens as voters.

Arizona contends that NVRA Sec 2 (b) (3) applies, it protects the integrity of the electoral process. Arizona’s states rights enable it to limit who can handle and deliver vote by mail ballots. This States’ rights issue is being considered by for acceptance for the next session of the United States Supreme Court (SCOTUS). Election Integrity Project® Arizona LLC (EIPAz) joined its parent company, Election Integrity Project California (EIPCa) and 13 other parties in filling “Amicus Briefs” in support of Arizona’s petition to have SCOTUS take up the appeal.

At stake is Arizona’s or any other state’s right to determine who may handle a vote by mail ballot to protect the integrity of the electoral process. The issue is “ballot harvesting” a practice in which any person may collect—and possibly manipulate vote by mail ballots. Arizona’s law limits who may drop off ballots to family member, household member, and care givers.

Two Federal Courts have agreed that Arizona’s law did not harm minorities’ participation in elections; however the Ninth Circuit Court has overruled the two lower court. Arizona Attorney General, Mark Brnovich, has been able to obtain a stay until the SCOTUS decides to hear the case or let the Ninth Circuit ruling stand.

EIPCa’s and EIPAz’s brief, filed on their behalf by Landmark Legal Foundation, argues:

● Voting by mail is vulnerable to fraud and requires special protections;

● California serves as a warning to the dangers of unlimited ballot harvesting;

●The two lower Federal courts were correct when they ruled Arizona’s law does not violate Sec. 2

According to the organization, “if the United States Supreme Court accepts the case, its ruling could affect ballot harvesting laws across the country. If Arizona prevails, this state and others who wish to use NVRA SEC 2 (b) (3) “protect the integrity of the electoral process” may continue to do so. If the DNC prevails then California style ballot harvesting could continue to spread across the
country further damaging voter confidence in our elections.”

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