U.S. District Court Enjoins New Arizona Law that Seemed to Criminalize Giving a Voter Registration Form to Someone Registered in Another State

On September 26, U.S. District Court Judge G. Murray Snow, a Bush Jr. appointee, enjoined a new Arizona law that seems to make it a felony for anyone to give a voter registration application to someone who is already registered in a state outside Arizona. Arizona Alliance for Retired Americans v Hobbs, 2:22cv-1374.

The law says it is a crime for anyone to give a “mechanism for voting” to someone registered already outside of Arizona. The state tried to defend the law by saying a “mechanism for voting” does not include a voter registration form. The state says a “mechanism for voting” is a ballot. However, the law also banned giving a “ballot” to a voter registered outside Arizona, so it is obvious that a “mechanism for voting” must mean something beyond just a ballot.

This is an example of a legislature passing a poorly-written law. It is a bedrock principle that when legislature pass laws making certain activities crimes, those laws must be specific. Here is the opinion.

CATO Article Says First Amendment Protects Ability of Two Parties to Jointly Nominate the Same Candidate

This CATO article by Andy Craig says the First Amendment freedom of association clause protects the ability of two parties to jointly nominate the same candidate if they wish. It says the U.S. Supreme Court was wrong to uphold a ban on fusion in Timmons v Twin City Area New Party.

UPDATE: a slight error in the he article has been corrected. The story originally said Earl Warren was the nominee of three parties in California in 1946. He was the nominee of the Republican Party and the Democratic Party, but not the Progressive Party. There was no Progressive Party on the ballot in California in 1946. The Prohibition Party was the only third party in California that year, but it had its own nominee.