The Arizona Supreme Court rejected a bid from the state Republican Party to end early voting, dealing a blow to its latest efforts to tighten election security in the emerging battleground state.
Chief Justice Robert Brutinel struck down the proposal on Tuesday, noting the case did not meet the factual basis criterion needed to bring it directly to the state’s high court. However, the case may be refiled in the Maricopa County Superior Court for consideration.
The lawsuit, filed by the state GOP in February, argued early voting is unconstitutional and sought to eliminate the no-excuse absentee ballot system adopted in 1991, which has become a popular method among state voters. State Republicans also requested that the court throw out all early voting procedures, eliminate the use of ballot drop boxes, and disallow ballot-counting before Election Day, among other changes.
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This lawsuit is one of several GOP measures in the state to tighten election rules and minimize voter fraud. On Thursday, Republican Gov. Doug Ducey signed a proof-of-citizenship law for voting in presidential elections, requiring each voter to provide evidence of address and citizenship status before casting a ballot.
Alexander Kolodin, one of the attorneys arguing for the case, said the only form of voting deemed legal under the state’s constitution is in-person voting on Election Day. Exceptions could be made for absentee ballots, he said, but only in the case of a disability or if the voter is outside of his or her precinct on the day ballots are due.
Several state Republicans agreed, arguing mail-in voting should not be available to voters just as a means of convenience.
“Absent an actual reason why the voter cannot vote at the polls, voting occurs at the polls on Election Day, not Election Month,” wrote Tim La Sota, who represents gubernatorial candidate Kari Lake. “A ‘reason’ does not include that the able-bodied, physically present voters simply do not want to take the minimally burdensome step of presenting him or herself at a polling place on Election Day.”
The move was met with opposition from Democrats and voter advocates, who argued the elimination of absentee ballots would harm those who depend on early voting. County Attorney William Ring filed a brief in opposition to the lawsuit, arguing the move would “prevent the free exercise of the right of suffrage.”
Ducey also expressed opposition, telling reporters the legal effort was “ill-conceived” and would “undo the work of many Republican governors and secretaries of state over the past several decades.”
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Mail-in voting has become increasingly popular among state voters since its institution more than 30 years ago, with its increase in popularity largely spurred on by the COVID-19 pandemic. Roughly 90% of voters voted by mail in Arizona during the 2020 election, and only 1 in 10 voters would support getting rid of early voting statewide, according to a survey by OH Predictive Insights.
It’s unclear whether the state GOP will refile the case before the superior court, and the Arizona Republican Party did not respond to the Washington Examiner’s request for comment.
