RELEASE: Priorities USA, Voto Latino, and Arizona Alliance for Retired Americans Request Rehearing en banc for SB 1260 Case
WASHINGTON, D.C. — On Friday, October 4th, plaintiffs Priorities USA, Voto Latino, and the Arizona Alliance for Retired Americans requested a rehearing in a case challenging Arizona Senate Bill 1260. On September 20th, the Ninth Circuit reversed the district court’s decision and restored the bill’s harmful provisions, which could result in the disenfranchisement of Arizona voters in future elections. If the plaintiffs’ request for rehearing is granted, the case would be heard by a larger panel of judges on the Ninth Circuit that could issue a new decision supporting voting rights.
Ahead of the 2022 midterm elections, the plaintiffs filed a lawsuit, alleging that several provisions of Arizona Senate Bill 1260 are unconstitutional and violate federal law. The lawsuit was filed against the Arizona SOS, Attorney General, and other Arizona county election officials. The Yuma County Republican Committee (YCRC) successfully intervened as a defendant.
The plaintiffs sought to prevent enforcement of the Cancellation Provision, which authorized county recorders to cancel a voter’s registration upon information that the individual was registered in another jurisdiction, without confirmation from the voter. Secondly, plaintiffs challenged the Felony Provision, which criminalized the act of providing a “mechanism for voting to another person” registered to vote in another state, including forwarding an early ballot to another voter (including family members). Finally, plaintiffs sought to prevent enforcement of the Removal Provision, which also authorized the removal of a voter from the state’s Active Early Voting List without notice based on information that the voter was registered in another jurisdiction.
On September 26, 2022, an injunction was granted on behalf of the plaintiffs by a federal judge in Arizona that stopped enforcement of SB 1260’s Cancellation and Felony Provisions for the 2022 midterm elections. In order for an injunction to be granted, a judge must deem it likely that the plaintiffs would succeed on the merits of their claims. The Attorney General and YCRC later appealed the injunction, and the Ninth Circuit reversed it.
“After two years of relief from these harmful laws, it is extremely disappointing to see that the court ruled to restore them,” said Danielle Butterfield, Executive Director of Priorities USA. “We believe that the court made a mistake in this ruling, and hope that they will consider ruling differently to overturn this restrictive law.”
“The members of the Arizona Alliance understand that the right to vote is sacred,” said Linda Somo, President of the Alliance for Retired Americans. “Reinstating these parts of SB 1260 is almost certain to disenfranchise older Arizonans who may have moved to the state to retire, or moved from their long-time home to live in a retirement community or nursing home, or with a family member. We urge the court to reconsider its decision so all eligible voters can cast a ballot that will be counted.”
“This voter suppression law is clearly unconstitutional, and we must not allow it to disenfranchise Arizonans right before the most important election of our lifetimes,” said Voto Latino Co-Founder and President María Teresa Kumar. “Senate Bill 1260 fits into a broader campaign in Arizona and across the country to use vague laws and policies to prevent certain groups, especially voters of color, from making their voices heard. This is our constitutional right, and we will keep fighting to protect it.”
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