Tag Archives: 9th Circuit Court of Appeals

SCOTUS Rules; Calif. Recall Scheduled

Current US Supreme Court

By Jim Ellis

July 6, 2021 — On their last day of the year’s early session last week, a Thursday, the Supreme Court of the United States issued rulings on the Arizona voting rights case and the California non-profit organization disclosure lawsuit.

In the Democratic National Committee v. Brnovich, the Supreme Court with Justice Samuel Alito writing for the 6-3 majority, ruled that the state of Arizona did not infringe upon minority voting rights or violate Section 2 of the Voting Rights Act in both prohibiting ballot harvesting with certain exceptions, and not counting provisional ballots cast from voters who do not reside in the particular precinct that the polling place covers.

The high court agreed with Arizona Attorney General Mark Brnovich’s (R) arguments that the laws are not racially motivated, nor do they intentionally discriminate against certain segments of the voting population, thus overturning the full 9th Circuit Court of Appeals ruling.

Originally in 2016, Brnovich won at the district court level and on the first appeal to a three-judge panel from the 9th Circuit. The DNC requested an en banc review of the original appellate ruling that agreed with Brnovich, and the entire 9th Circuit membership overturned the decision, siding with the plaintiff. At that point, AG Brnovich petitioned the Supreme Court, which agreed to hear the case. (Hearing cases en banc allows the full circuit court to overturn a decision reached by a three–judge panel. Due to the decreasing probability of U.S. Supreme Court intervention, the circuit court is often the court of last resort in the ordinary life of a case, thereby amplifying the importance of en banc review.)

In his ruling, Justice Alito stated that “every voting rule imposes a burden of some sort,” and that “mere inconvenience cannot be enough to demonstrate a violation of Section 2.” He also cautioned that, “what are at bottom very small differences should not be artificially magnified.”

While agreeing that holding free and open elections is a “valid and important state interest,” he also addressed the voter fraud argument, clearly stating that attempting to prevent such abuses is also a “strong and entirely legitimate state interest.”

In her article discussing these rulings, Supreme Court expert Amy Howe, in her Howe on the Court article that was published on the SCOTUS blog, offered that the Brnovich ruling “will make it more difficult to contest election regulations under the Voting Rights Act,” and thus likely means fewer voting rights cases coming through the courts. She further categorized this decision as a “major ruling.”

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9th Circuit Court of Appeals
Could Force Arizona’s Hand

By Jim Ellis

Appointed Arizona Sen. (and former representative) Martha McSally (R)

Aug. 13, 2019 — Soon after Republican Congress-woman Martha McSally was appointed to the Senate, a group of Arizona voters — two Democrats, a Repub-lican, a Libertarian, and an Independent — challenged the length of time that she could serve without going to election. Now the case awaits a ruling in the 9th Circuit Court of Appeals that could force the state to hold an early special election.

Sen. John McCain (R), who was re-elected in 2018, passed away in late August almost a year ago, on the 25th. Gov. Doug Ducey (R) then appointed former Sen. Jon Kyl (R) to serve until the 2020 election, but Kyl only pledged to stay through 2018. He then resigned before the new Congress took office at the beginning of this year. Gov. Ducey responded by appointing then-Rep. McSally (R-Tucson), who had just lost the 2018 open seat US Senate election to then-Rep. Kyrsten Sinema (D-Phoenix).

Because Sen. McCain died so early into his term, there would be an appointment followed by a special election. The appointment would extend to the next general election in 2020, with the winner serving the balance of the term. Therefore, whoever wins next November’s special election wouldn’t be eligible to run for a full six-year term until 2024.

Under Arizona law, which is similar to succession laws in 35 other states, the governor appoints an interim senator who serves until the next regular election. In 14 states, which have systems similar to what the plaintiffs are demanding, a special election is scheduled at the earliest possible date according to the individual state law.

In Sen. McSally’s case her interim term would stretch to 27 months, which the group of plaintiffs argues is too long a time to not give the voters a say. The federal district court judge rejected the argument, but the plaintiffs appealed to the 9th Circuit. Late last week, the appellate court agreed to hear the case, and will do so in an expedited manner.

The 2020 Arizona special election promises to be one of the most hard-fought campaigns during the cycle. Even at this early date it is already clear that the two major party nominees will be Sen. McSally and retired astronaut Mark Kelly (D), who is the husband of former US Rep. Gabrielle Giffords (D-Tucson).

The contest is already almost at fever pitch. In fact, Kelly raised more money in the 2nd Quarter than any other US Senate candidate, $4.24 million, but he was closely followed by Sen. McSally who raised the second-most of any federal candidate in the country, $3.4 million. Kelly had $5.9 million cash-on-hand at the end of June while Sen. McSally had $4.4 million.

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