Title
Arizona Mi Familia Vota v. Katie Hobbs
Arizona Mi Familia Vota v. Katie Hobbs
2:20-cv-01903-PHX-SPL (D. Ariz.) 20-16932; 20-17000 (9th Cir.)
U.S. District Court Judge Steven Logan
Katie Hobbs in her official capacity as Arizona Secretary of State
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
https://www.scotusblog.com/wp-content/uploads/2020/10/motion-for-injunction.pdf
https://www.scotusblog.com/election-litigation/mi-familia-vota-v-hobbs/
U.S. Court of Appeals for the 9th Circuit
Mi Familia Vota and the Arizona Coalition for Change
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.