ARIZONA DEMOCRATIC PARTY v. HOBBS

No. 20-16759, No. 20-16766.

976 F.3d 1081 (2020)

ARIZONA DEMOCRATIC PARTY; Democratic National Committee; DSCC, Plaintiffs-Appellees, v. Katie HOBBS, in her official capacity as Arizona Secretary of State, Defendant-Appellee, State of Arizona, Intervenor-Defendant-Appellant, and Edison Wauneka, in his official capacity as Apache County Recorder; David Stevens, in his official capacity as Cochise County Recorder; Patty Hansen, in her official capacity as Coconino County Recorder; Sadie Jo Bingham, in her official capacity as Gila County Recorder; Wendy John, in her official capacity as Graham County Recorder; Sharie Milheiro, in her official capacity as Greenlee County Recorder; Richard Garcia, in his official capacity as La Paz County Recorder; Adrian Fontes, in his official capacity as Maricopa County Recorder; Kristi Blair, in her official capacity as Mohave County Recorder; Michael Sample, in his official capacity as Navajo County Recorder; F. Ann Rodriguez, in her official capacity as Pima County Recorder; Virginia Ross, in her official capacity as Pinal County Recorder; Suzanne Sainz, in her official capacity as Santa Cruz County Recorder; Leslie Hoffman, in her official capacity as Yavapai County Recorder; Robyn Pouquette, in her official capacity as Yuma County Recorder, Defendants, Republican National Committee; Arizona Republican Party; Donald J. Trump for President, Inc., Intervenor-Defendants. Arizona Democratic Party; Democratic National Committee; DSCC, Plaintiffs-Appellees, v. Katie Hobbs, in her official capacity as Arizona Secretary of State, Defendant-Appellee, Republican National Committee; Arizona Republican Party; Donald J. Trump for President, Inc., Intervenor-Defendants-Appellants, and Edison Wauneka, in his official capacity as Apache County Recorder; David Stevens, in his official capacity as Cochise County Recorder; Patty Hansen, in her official capacity as Coconino County Recorder; Sadie Jo Bingham, in her official capacity as Gila County Recorder; Wendy John, in her official capacity as Graham County Recorder; Sharie Milheiro, in her official capacity as Greenlee County Recorder; Richard Garcia, in his official capacity as La Paz County Recorder; Adrian Fontes, in his official capacity as Maricopa County Recorder; Kristi Blair, in her official capacity as Mohave County Recorder; Michael Sample, in his official capacity as Navajo County Recorder; F. Ann Rodriguez, in her official capacity as Pima County Recorder; Virginia Ross, in her official capacity as Pinal County Recorder; Suzanne Sainz, in her official capacity as Santa Cruz County Recorder; Leslie Hoffman, in her official capacity as Yavapai County Recorder; Robyn Pouquette, in her official capacity as Yuma County Recorder, Defendants, State of Arizona, Intervenor-Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2020.


Attorney(s) appearing for the Case

Joseph A. Kanefield , Chief Deputy & Chief of Staff; Brunn W. Roysden III , Solicitor General; Mark Brnovich , Attorney General; Drew C. Ensign and Michael S. Catlett , Deputy Solicitors General; Jennifer J. Wright and Robert J. Makar , Assistant Attorneys General; Office of the Attorney General, Phoenix, Arizona; Kory Langhofer and Thomas Basile , Statecraft PLLC, Phoenix, Arizona; Thomas McCarthy and Cameron T. Norris , Consovoy McCarthy PLLC, Arlington, Virginia; Patrick Strawbridge , Consovoy McCarthy PLLC, Boston, Massachusetts; for Intervenor-Defendants Appellants.

Alexis E. Danneman and Joshua L. Boehm , Perkins Coie LLP, Phoenix, Arizona; Kevin J. Hamilton , Mark Erik Elias , William B. Stafford , Sarah Langberg Schirack , and Ariel Brynne Glickman , Perkins Coie LLP, Washington, D.C.; for Plaintiffs-Appellees.

Roopali H. Desai , D. Andrew Gaona , and Kristen Yost , Coppersmith Brockelman PLC, Phoenix, Arizona, for Defendant-Appellee.

Gregory G. Jernigan , General Counsel, Arizona State Senate, Phoenix, Arizona; Andrew G. Pappas , General Counsel, Arizona House of Representatives, Phoenix, Arizona; for Amici Curiae Russell Bowers, Speaker of the Arizona House of Representatives, and Karen Fann, President of the Arizona State Senate.

Steve Marshall , Attorney General; Edmund G. LaCour Jr. , Solicitor General; A. Barrett Bowdre , Deputy Solicitor General; Office of the Attorney General, Montgomery, Alabama; Leslie Rutledge , Attorney General, Little Rock , Arkansas; Christopher M. Carr , Attorney General, Atlanta, Georgia; Lawrence G. Wasden , Attorney General, Boise, Idaho; Curtis T. Hill Jr. , Attorney General, Indianapolis, Indiana; Derek Schmidt , Attorney General, Topeka, Kansas; Daniel Cameron , Attorney General, Frankfort, Kentucky; Jeff Landry , Attorney General, Baton Rouge, Louisiana; Lynn Fitch , Attorney General, Jackson, Mississippi; Eric S. Schmitt , Attorney General, Jefferson City, Missouri; Tim Fox , Attorney General, Helena, Montana; Douglas J. Peterson , Attorney General, Lincoln, Nebraska; Dave Yost , Attorney General, Columbus, Ohio; Mike Hunter , Attorney General, Oklahoma City, Oklahoma; Alan Wilson , Attorney General, Columbia, South Carolina; Jason Ravnsborg , Attorney General, Pierre, South Dakota; Herbert Slatery III , Attorney General, Nashville, Tennessee; Ken Paxton , Attorney General, Austin, Texas; Sean D. Reyes , Attorney General, Salt Lake City, Utah; and Patrick Morrisey , Attorney General, Charleston, West Virginia; for Amici Curiae 20 States.

Jason Torchinsky , Dallin B. Holt , Kenneth C. Daines , Holtzman Vogel Josefiak Torchinsky PLLC, Haymarket, Virginia, for Amicus Curiae The Honest Elections Project.

Before: Diarmuid F. O'Scannlain, Johnnie B. Rawlinson, and Morgan Christen, Circuit Judges.


ORDER

In this case, the Arizona Democratic Party and others have challenged Arizona's law requiring early voters to have signed their ballots by 7:00 PM on Election Day in order to have their votes counted. See Ariz. Rev. Stat. §§ 16-548(A), 16-552(B). On September 10, 2020, less than two months before the upcoming presidential election, the district court enjoined the law and ordered Arizona to create...

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