Ninth Circuit Stays its Own Decision in Arizona Case on Out-of-Precinct Provisional Ballots and Who Can Deliver Voted Absentee Ballots

On February 11, the Ninth Circuit stayed its own decision in Democratic National Committee v Hobbs, 18-15845. This is the case in which the Ninth Circuit struck down two Arizona election laws. One says that provisional ballots are automatically void unless they are submitted in the voter’s home precinct. The other sharply restricts who can deliver a voted absentee ballot to the elections administration office.

Arizona will ask the U.S. Supreme Court to hear its appeal. If the U.S. Supreme Court declines, then the stay will automatically be lifted. Thanks to Rick Hasen for this news.

U.S. District Court Refuses to Dismiss Case Against Georgia Secretary of State Over Access to Voter List

On February 4, U.S. District Court Judge Eleanor Ross, an Obama appointee, refused the Secretary of State’s request to dismiss Palast v Kemp, n.d., 1:18cv-4809. Greg Palast, a journalist, had filed this case in 2018 to obtain the the “Interstate Voter Registration Crosscheck” list of voters that was sent to the Georgia Secretary of State by Kris Kobach, former Kansas Secretary of State. Kobach had set up a method for state election officials to see how many of their state’s registered voters might also be registered in other states.

Federal law says records relating to voter registration must be retained for two years, but the state says it didn’t keep the list. Thanks to Thomas Jones for this news.