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FELDMAN v. ARIZONA SECRETARY OF STATE'S OFFICE

No. 16-16865.

842 F.3d 613 (2016)

Leslie FELDMAN; Luz Magallanes; Mercedez Hymes; Julio Morera; Cleo Ovalle; Peterson Zah, Former Chairman and First President of the Navajo Nation; The Democratic National Committee; DSCC, AKA Democratic Senatorial Campaign Committee; The Arizona Democratic Party; Kirkpatrick for U.S. Senate; Hillary for America, Plaintiffs-Appellants, Bernie 2016, Inc., Intervenor-Plaintiff-Appellant, v. ARIZONA SECRETARY OF STATE'S OFFICE; Michele Reagan, in her official capacity as Secretary of State of Arizona; Maricopa County Board of Supervisors; Denny Barney; Steve Chucri; Andy Kunasek; Clint Hickman; Steve Gallardo, member of the Maricopa County Board of Supervisors, in their official capacities; Maricopa County Recorder and Elections Department; Helen Purcell, in her official capacity as Maricopa County Recorder; Karen Osborne, in her official capacity as Maricopa County Elections Director; Mark Brnovich, in his official capacity as Arizona Attorney General, Defendants-Appellees, The Arizona Republican Party; Debbie Lesko; Tony Rivero; Bill Gates; Suzanne Klapp, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 2, 2016.

Attorney(s) appearing for the Case

Elisabeth C. Frost (argued), Amanda R. Callais , Bruce V. Spiva , and Marc E. Elias , Perkins Coie LLP, Washington, D.C.; Joshua L. Kaul , Perkins Coie LLP, Madison, Wisconsin; Sarah R. Gonski and Daniel C. Barr , Perkins Coie LLP, Phoenix, Arizona; for Plaintiffs-Appellants.

Malcolm Seymour , Garvey Schubert Baker , New York, New York; D. Andrew Gaona , Andrew S. Gordon , and Roopali H. Desai , Coopersmith Brockelman PLC, Phoenix, Arizona; for Intervenor-Plaintiff-Appellant.

Karen J. Hartman-Tellez (argued) and Kara M. Karlson , Assistant Attorneys General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Defendants-Appellees.

Brett W. Johnson (argued), Colin P. Ahler , and Sara J. Agne , Snell & Wilmer LLP, Phoenix, Arizona, for Intervenor-Defendants-Appellees.

Before: Sidney R. Thomas, Chief Judge, and Carlos T. Bea and Sandra S. Ikuta, Circuit Judges.

OPINION

In the 1970s1 Arizona enacted a statute which required each voter who votes in person to cast his or her ballot at the precinct polling station at which the voter was registered to vote (the "precinct vote rule"). Since...

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