On January 2, the Ninth Circuit agreed to rehear en banc Democratic National Committee v Reagan, 18-15845. This is a challenge to two Arizona election laws: (1) the law that won’t let provisional ballots be cast outside one’s home precinct; (2) the law that makes it illegal for anyone except certain persons to return a voted postal ballot. The original Ninth Circuit panel had upheld both laws on September 12, 2018, by a 2-1 vote. Also the U.S. District Court had upheld them.

The state defends the law on provisional ballots by pointing out that only 3,970 such ballots were rejected in 2016 (only one-sixth of 1% of the total vote cast), but then it simultaneously defends the law by saying it is necessary so that the precincts don’t run out of blank ballots. Those two arguments are contradictory. Thanks to Rick Hasen for this news.