Brnovich v. Democratic National Committee


(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus BRNOVICH, ATTORNEY GENERAL OF ARIZONA, ET AL. v. DEMOCRATIC NATIONAL COMMITTEE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 19–1257. Argued March 2, 2021—Decided July 1, 2021* Arizona law generally makes it very easy to vote. Voters may cast their ballots on election day in person at a traditional precinct or a “voting center” in their county of residence. Ariz. Rev. Stat. §16–411(B)(4). Arizonans also may cast an “early ballot” by mail up to 27 days before an election, §§16–541, 16–542(C), and they also may vote in person at an early voting location in each county, §§16–542(A), (E). These cases involve challenges under §2 of the Voting Rights Act of 1965 (VRA) to aspects of the State’s regulations governing precinct-based election- day voting and early mail-in voting. First, Arizonans who vote in per- son on election day in a county that uses the precinct system must vote in the precinct to which they are assigned based on their address. See §16–122; see also §16–135. If a voter votes in the wrong precinct, the vote is not counted. Second, for Arizonans who vote early by mail, Ar- izona House Bill 2023 (HB 2023) makes it a crime for any person other than a postal worker, an elections official, or a voter’s caregiver, family member, or household member to knowingly collect an early ballot— either before or after it has been completed. §§16–1005(H)–(I). The Democratic National Committee and certain affiliates filed suit, alleging that both the State’s refusal to count ballots cast in the wrong precinct and its ballot-collection restriction had an adverse and dispar- ate effect on the State’s American Indian, Hispanic, and African-Amer- ican citizens in violation of §2 of the VRA. Additionally, they alleged that the ballot-collection restriction was “enacted with discriminatory —————— * Together with No. 19–1258, Arizona Republican Party et al. v. Dem- ocratic National Committee et al., also on certiorari to the same court. 2 BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE Syllabus intent” and thus violated both §2 of the VRA and the Fifteenth Amend- ment. The District Court rejected all of the plaintiffs’ claims. The court found that the out-of-precinct policy had no “meaningfully dis- parate impact” on minority voters’ opportunities to elect representa- tives of their choice. Turning to the ballot-collection restriction, the court found that it was unlikely to cause “a meaningful inequality” in minority voters’ electoral opportunities and that it had not been en- acted with discriminatory intent. A divided panel of the Ninth Circuit …

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