ARIZONA DEMOCRATIC PARTY v. HOBBS

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

18 F.4th 1179 (2021)

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, 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, 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 December 8, 2021.


Attorney(s) appearing for the Case

Drew C. Ensign (argued) and Michael S. Catlett , Deputy Solicitors General; Jennifer J. Wright and Robert J. Makar , Assistant Attorneys General; Brunn W. Roysden III , Solicitor General; Joseph A. Kanefield , Chief Deputy & Chief of Staff; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Intervenor-Defendant-Appellant State of Arizona.

Daniel Shapiro (argued), Thomas McCarthy , and Cameron T. Norris , Consovoy McCarthy PLLC, Arlington, Virginia; Patrick N. Strawbridge , Consovoy McCarthy PLLC, Boston, Massachusetts; Kory A. Langhofer and Thomas J. Basile , Statecraft PLLC, Phoenix, Arizona; for Intervenor-Defendants-Appellants Republican National Committee and Arizona Republican Party.

Elisabeth C. Frost (argued), Marc E. Elias and Jyoti Jasrasaria , Perkins Coie LLP, Washington, D.C.; Kevin Hamilton and William B. Stafford , Perkins Coie LLP, Seattle, Washington; for Plaintiffs-Appellees.

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

Edmund G. LaCour Jr. , Solicitor General; Steve Marshall , Attorney 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 Rouse, 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; Patrick Morrisey , Attorney General, Charleston, West Virginia; for Amici Curiae States of Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia.

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

Before: A. WALLACE TASHIMA and SUSAN P. GRABER, Circuit Judges, and KATHRYN H. VRATIL, District Judge.


OPINION

Most of Arizona's voters choose to vote by mail, which requires the voter to complete a ballot and sign an affidavit attesting that the voter personally has cast the ballot. Inevitably, a small number of voters neglect to sign the affidavit. Election officials scrupulously examine each affidavit to ensure...

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