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    Arizona Mi Familia Vota v. Katie Hobbs

    • Date
      September 30, 2020
    • City/County
      Phoenix
    • Type of Case
      District court order extending deadline to address unsigned mail-in ballots put on hold by 9th Circuit
    • Case Details
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    Title

    Arizona Mi Familia Vota v. Katie Hobbs

    Date
    September 30, 2020
    State or Country
    Arizona
    County/City:
    Phoenix
    The Court the Case was filed in

    U.S. Court of Appeals for the 9th Circuit

    Type of Case
    District court order extending deadline to address unsigned mail-in ballots put on hold by 9th Circuit
    Case Number

    2:20-cv-01903-PHX-SPL (D. Ariz.) 20-16932; 20-17000 (9th Cir.)

    Judges

    U.S. District Court Judge Steven Logan

    Plaintiff

    Mi Familia Vota and the Arizona Coalition for Change

    Defendant

    Katie Hobbs in her official capacity as Arizona Secretary of State

    Plaintiff Attorney

    Matthew D. Brinckerhoff (NY Bar # 2415537)*
    Jonathan S. Abady (NY Bar # 2415222)*
    Zoe Salzman (NY Bar # 4663308)*
    Nick Bourland (NY Bar # 5576129)*
    EMERY CELLI BRINCKERHOFF ABADY
    WARD & MAAZEL LLP
    600 Fifth Avenue, 10th Floor
    New York, New York 10020
    (212) 763-5000
    mbrinckerhoff@ecbawm.com
    jabady@ecbawm.com
    zsalzman@ecbawm.com
    nbourland@ecbawm.com

    Mary R. O’Grady (AZ Bar #011434)
    Joshua D. Bendor (AZ Bar # 031908)
    OSBORN MALEDON, P.A.
    2929 North Central Avenue, Suite 2100
    Phoenix, Arizona 85012-2793
    (602) 640-9000
    mogrady@omlaw.com
    jbendor@omlaw.com
    John Bonifaz (MA Bar # 562478)**
    Gillian Cassell-Stiga (NY Bar # 5069877)**
    Ben Clements (MA Bar # 555082)**
    Ronald Fein (MA Bar # 657930)**
    FREE SPEECH FOR PEOPLE
    1320 Centre Street, Suite 405
    Newton, Massachusetts 02459
    (617) 249-3015
    jbonifaz@freespeechforpeople.org
    gillian@freespeechforpeople.org
    bclements@freespeechforpeople.org
    rfein@freespeechforpeople.org
    * Admitted Pro Hac Vice
    ** Pro Hac Vice Applications to be filed
    Attorneys for Plaintiffs

    EMERY CELLI BRINCKERHOFF ABADY
    WARD & MAAZEL LLP
    By s/ Zoe Salzman
    Matthew D. Brinckerhoff
    Jonathan S. Abady
    Zoe Salzman
    Nick Bourland
    OSBORN MALEDON, P.A.
    Mary R. O’Grady
    Joshua D. Bendor

    FREE SPEECH FOR PEOPLE
    John Bonifaz
    Gillian Cassel-Stiga
    Ben Clements
    Ronald Fein
    Attorneys for Plaintiffs

    Defendant Attorney

    Kara Karlson (029407)
    Linley Wilson (027040)
    2005 North Central Avenue
    Phoenix, AZ 85004-1592
    Telephone (602) 542-4951
    kara.karlson@azag.gov
    linley.wilson@azag.gov
    adminlaw@azag.gov
    Attorneys for Defendant
    Arizona Secretary of State Katie Hobbs

    Comments

    Two non-profit voter registration groups, the Arizona Coalition for Change and Mi Familia Vota, filed a motion asking the voter-registration deadline of October 5, 2020 be moved due to the COVID-19 pandemic; after opposing responses from Arizona secretary of state Katie Hobbs and the Republican National Committee, Judge Steven Logan extended the deadline to October 23. The same day, October 5, Hobbs and the RNC appealed to the 9th Circuit, which placed a stay on Logan's extended deadline effective October 15.

    Status: On Oct. 5, deadline of Oct. 5 extended to Oct. 23; on Oct. 13, temporarily hold on extension issued by 9th Circuit, to take effect on Oct. 15
    In Arizona, the deadline to register to vote in the November 2020 election was Oct. 5, 2020. On that day, U.S. District Judge Steven Logan extended the voter-registration deadline by 18 days, ordering state election officials to accept all voter-registration applications that they received by Oct. 23.

    Logan’s order came at the request of two non-profit groups that register voters, Mi Familia Vota and the Arizona Coalition for Change, as well as a Mi Familia Vota organizer, Ulises Ventura. They argued that enforcing the Oct. 5 deadline during the COVID-19 pandemic would burden their constitutional rights.

    The state countered that the plaintiffs had waited too long to bring their case, and that it has implemented various measures – for example, allowing voters to register online – to make it easier to register to vote. Logan acknowledged “the importance of reducing voter confusion,” but he observed that “31 other states have later voter deadlines than Arizona.” Moreover, Logan added, voters are not likely to be confused if the deadline is extended: “Voters who are already registered will not need to bother with the new deadline, and those voters that were unable to register before” the Oct. 5 deadline “now have extra time.”

    The Republican National Committee, which had joined the lawsuit to oppose the plaintiffs’ request for an extension, appealed Logan’s ruling to the U.S. Court of Appeals for the 9th Circuit.

    In an unsigned opinion on Oct. 13, the 9th Circuit put Logan’s order on hold, effective Oct. 15. The 9th Circuit reasoned that although restrictions imposed because of the coronavirus pandemic made it harder for the plaintiffs to register voters, they could still do so online or by mail. By contrast, the 9th Circuit continued, an Oct. 23 deadline would place a “significant” administrative burden on the state. And the plaintiffs’ “extremely late filing relative to the deadline” also weighed in favor of the state, the court of appeals concluded.

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    Document Links 1 (Scribd et. al)

    https://www.scotusblog.com/wp-content/uploads/2020/10/motion-for-injunction.pdf

    Document Link 2

    https://www.scotusblog.com/election-litigation/mi-familia-vota-v-hobbs/

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