Supreme Court Poised to Reject Democratic Challenge to Arizona Election Laws

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Franklin Pierce

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Justices split over voting rights amid 2020 election fallout

The Supreme Court seemed likely to uphold a pair of disputed Arizona election laws on Tuesday, teeing up its biggest decision about race and voting rights since 2013.

At issue are two election rules: one that disqualifies votes cast outside a polling place and another that limits the ability of third parties to turn in ballots for others, a practice known as "ballot harvesting." The Democratic challengers say both laws disproportionately affect minority voters in Arizona, like Native Americans in remote parts of the state who lack reliable mail service and easy access to polling places.

The case hinges on the justices’ interpretation of Section 2 of the Voting Rights Act, which bans election practices that discriminate based on race. The justices debated the issue amid lingering fallout from the 2020 election and renewed Republican interest in ballot integrity measures, which Democrats view as a modern analogue to Jim Crow.

Justice Amy Coney Barrett said the law ought to permit at least some disparities. She mentioned a lower court opinion that made that point by citing voter registration at the DMV. Black and Latino people are less likely to own cars than other groups, thus much less likely to visit the DMV. Given those racial differences, "motor voter" registration could be viewed as a racist practice.

Supreme Court Poised to Reject Democratic Challenge to Arizona Election Laws - Washington Free Beacon
 
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Justices split over voting rights amid 2020 election fallout

The Supreme Court seemed likely to uphold a pair of disputed Arizona election laws on Tuesday, teeing up its biggest decision about race and voting rights since 2013.

At issue are two election rules: one that disqualifies votes cast outside a polling place and another that limits the ability of third parties to turn in ballots for others, a practice known as "ballot harvesting." The Democratic challengers say both laws disproportionately affect minority voters in Arizona, like Native Americans in remote parts of the state who lack reliable mail service and easy access to polling places.

The case hinges on the justices’ interpretation of Section 2 of the Voting Rights Act, which bans election practices that discriminate based on race. The justices debated the issue amid lingering fallout from the 2020 election and renewed Republican interest in ballot integrity measures, which Democrats view as a modern analogue to Jim Crow.

Justice Amy Coney Barrett said the law ought to permit at least some disparities. She mentioned a lower court opinion that made that point by citing voter registration at the DMV. Black and Latino people are less likely to own cars than other groups, thus much less likely to visit the DMV. Given those racial differences, "motor voter" registration could be viewed as a racist practice.

Supreme Court Poised to Reject Democratic Challenge to Arizona Election Laws - Washington Free Beacon
Ballot harvesting is about the least secure way of collecting ballot. Where is the chain of custody? How many people would be okay with deposit harvesters collecting their money to take to to the bank. As for the DMV, seems like a red herring. Last I heard one did not have to have a car, or get a drivers license to be allowed to visit th DMV. If we are just regestering people at places they are likely to go, I dare say, the local bars and clubs would be hotbeds of political activity. Remember the elections after Saddam was taken out? People were proud to show their inked thumbs after they voted. Think they would have been okay with absentee ballots and ballot harvesting?
Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.
Thomas Jefferson

The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.
James Madison
 

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