976 F.3d 1081
9th Cir.2020Background
- Arizona requires early (absentee) ballots to be returned with a signed ballot affidavit and requires receipt by 7:00 PM on Election Day for counting. (Ariz. Rev. Stat. §§ 16-548(A), 16-552(B)).
- If an affidavit is insufficient (including missing signature), polling officials disallow the ballot; Arizona historically allowed curing missing/defective signatures only up to Election Day.
- Plaintiffs (Arizona Democratic Party and others) challenged the Election-Day signature deadline; the district court enjoined the deadline and ordered a five-day post-election cure period for unsigned ballots.
- Arizona appealed and moved for a stay of the district court’s injunction pending appeal, arguing administrative burdens and the state's interest in orderly, timely elections.
- The Ninth Circuit considered the standard for a stay (likelihood of success, irreparable harm, injury to others, public interest) and analyzed the case under the Anderson-Burdick balancing framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of Arizona’s Election-Day signature deadline for early ballots | Deadline prevents otherwise-valid votes when voters omit signatures; district court ordered 5-day cure | Deadline imposes only minimal, nondiscriminatory burden and reasonably advances important state interests in orderly, timely administration and fraud prevention | Stay granted; State likely to succeed on the merits under Anderson-Burdick and deadline may be upheld |
| Whether the State’s limited 5-day cure for signature "mismatches" undermines rejecting cure for missing signatures | The mismatch exception shows arbitrary denial of cure for missing signatures | Distinction is rational: mismatch may be no fault of voter; missing signature is voter’s fault and imposes greater administrative cost to cure post-election | Court accepts State’s rational explanation; distinction supports State’s position |
| Proper legal framework: procedural due process vs. Anderson-Burdick | Plaintiffs raised a procedural due process theory to attack the rule | Voting restrictions should be evaluated under the Anderson-Burdick balancing framework, not a separate due process test | Court indicates State likely to prevail because Anderson-Burdick governs voting-rights burdens |
Key Cases Cited
- Al Otro Lado v. Wolf, 952 F.3d 999 (9th Cir. 2020) (stay factors and sliding-scale balancing in preliminary-relief context)
- Nken v. Holder, 556 U.S. 418 (2009) (standards for stay pending appeal)
- Timmons v. Twin Cities Area New Party, 520 U.S. 351 (1997) (Anderson-Burdick framework for evaluating ballot-access restrictions)
- De La Fuente v. Padilla, 930 F.3d 1101 (9th Cir. 2019) (application of Anderson-Burdick in Ninth Circuit)
- Abbott v. Perez, 138 S. Ct. 2305 (2018) (state harm where courts bar elections under permissible statutes)
- Republican Nat'l Comm. v. Democratic Nat'l Comm., 140 S. Ct. 1205 (2020) (principle against changing election rules on eve of election)
- Purcell v. Gonzalez, 549 U.S. 1 (2006) (per curiam principle cautioning last-minute changes to election procedures)
- Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127 (9th Cir. 2011) (sliding-scale approach to preliminary injunction factors)
- Dudum v. Arntz, 640 F.3d 1098 (9th Cir. 2011) (single analytic framework for voting-rights claims)
