Tag: Voting Rights Act

Commentary: Supreme Court Raised the Bar for Challenge to Georgia Election Law

RealClearWire

The Supreme Court’s recent decision in Brnovich v. Democratic National Committee has prompted extensive commentary about the implications for future challenges to election laws under Section 2 of the Voting Rights Act. Litigants arguing that some laws, such as Georgia’s newly enacted SB 202, disproportionately affect racial minorities may have a greater challenge meeting the standard set forth by the court than the standard that some lower courts had been using in recent years.

But while the justices split on a 6-3 vote on whether a pair of Arizona statutes ran afoul of the Act, it voted 6-0 (with three justices not addressing the question) in concluding that Arizona did not act with discriminatory intent. This holding sets the stage for the Justice Department’s recent lawsuit against Georgia, and it offers hints at how district courts and reviewing courts should behave. In short, the Justice Department has an uphill battle.

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Supreme Court Upholds Arizona’s Voting Restrictions, ‘Not Racially Discriminatory’

Corinne Murdock

Thursday, the Supreme Court of the United States (SCOTUS) upheld Arizona law prohibiting ballot harvesting and out-of-precinct voting. The three dissents in the case, Brnovich v. Democratic National Committee (DNC), came from Justices Elena Kagan, Stephen Breyer, and Sonia Sotomayor. The DNC had argued that the state’s bans on ballot harvesting and out-of-precinct voting discriminated against minorities, thereby violating the Voting Rights Act. SCOTUS rejected that assessment.

Arizona law prohibits individuals from casting provisional ballots in person on Election Day outside of their designated precinct. It also prohibits ballot harvesting, meaning that only family and household members, caregivers, mail carriers, and election officials can handle individual’s ballots.

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