Arizona Election Rules at SCOTUS

On March 2, the Supreme Court will hear oral arguments in Brnovich v. Democratic National Committee. The case centers on two of Arizona’s election rules: 1. Arizona does not count provisional ballots cast in person on Election Day outside of the voter’s designated precinct and 2. its ballot-collection law permits only certain persons (family and household members, caregivers, mail carriers, and elections officials) to handle another person’s completed early ballot. The DNC challenged the rules, arguing that both discriminate against racial minorities in Arizona. On appeal, the Supreme Court will consider whether both policies violate Section 2 of the Voting Rights Act of 1965—which prohibits nationally any election laws or policies that “results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color”—and whether the second violates the 15th Amendment—which states that “the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Chris Kieser of Pacific Legal Foundation, who wrote a brief in support of Arizona Attorney General Mark Brnovich, and Sean Morales-Doyle of the Brennan Center, who wrote a brief in support of the DNC, explore the case and its potential implications in conversation with Jeffrey Rosen.

Resources and transcript available at constitutioncenter.org/interactive-constitution/media-library

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