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VICTORY: Supreme Court Upholds Ban on Ballot Harvesting; Decision Could Impact DOJ’s Case Against Georgia
By The Election Wiz on July 1, 2021 •
WASHINGTON — In a sweeping decision, the Supreme Court upheld two major state laws designed to prevent voter fraud and secure the voting process. The repercussions of the decision could serve as a roadblock to the Department of Justice’s election lawsuit against the state of Georgia.
On Tuesday, the Supreme Court upheld two election integrity provisions of Arizona law. The first rule, known as the “out of precinct” policy, requires election officials to discard an entire ballot if it was cast in the wrong place.
The second rule bans the collection of ballots by third parties, commonly referred to as “ballot harvesting.” In 2016, Arizona passed a state law making it a felony for anyone other than a family member, caregiver or postal worker to collect and deliver ballots.
Democrats argued two Arizona election integrity rules violated federal law. The U.S. Court of Appeals for the 9th Circuit agreed, ruling both policies violate Section 2 of the federal Voting Rights Act, which bans racial discrimination in voting.
The 9th Circuit asserted that both polices had a discriminatory impact. Republicans, including Attorney General Mark Brnovich appealed to the Supreme Court.
The Ninth Circuit has just granted our request for stay in DNC v. Hobbs. Arizona’s ban on ballot harvesting remains intact and we will pursue our appeal to the US Supreme Court.
— Mark Brnovich (@GeneralBrnovich) February 11, 2020
At oral arguments before the Supreme Court, Michael Carvin, a lawyer for the Republican National Committee, urged the justices to reverse the 9th Circut’s decision, arguing it would “subject nearly all ordinary elections rules” to challenge.
However, the Court punts on a clear or binding rule for future cases: "we think it prudent to make clear at the beginning that we decline in these cases to announce a test to govern all VRA §2 claims involving rules…that specify the time, place, or manner for casting ballots"
— Jonathan Turley (@JonathanTurley) July 1, 2021
Read the opinion here: 19-1257_g204
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