Arizona’s Mail-in-Voting system is Not Unconstitutional, the Court of Appeals ruled, blasting a Lawsuit filed last yea, by the Arizona Republican Party and Chairwoman Kelli Ward.
The Unanimous Decision upholds the previous Dismissal of the Case.
New State Legislator Alexander Kolodin (R-3rd District) had filed the Case for the AZGOP, along with Nationally-known Law Professor Alan Dershowitz.
They were claiming that Mail-in-Ballots violated the Arizona Constitution’s Secrecy Clause.
Today’s Decision notes that Kolodin, tried to back-off of their Original position during both Briefing and Oral Arguments, suggesting now that the Secrecy Clause requires a “secure restricted zone around a voter who fills in a mail-in ballot.”
The 11-page Decision then blasts through Three Arguments made by Kolodin and Dershowitz:
- (1) a 1992 U.S. Supreme Court Decision upholding a Tennessee Law allowing a 100-foot No Electioneering zone outside Polling places (“That holding does not suggest – let alone direct – how we interpret the Arizona Constitution’s Secrecy Clause…. (I)ts suggestions are dicta and unpersuasive in this case.”).
- (2) The AZ Law prohibiting so-called Ballot selfies taken at Polling Places but Not in Voters’ Homes.
- (3) A previous AZ Supreme Court Observation that Mail-in-Ballots cannot be Possessed by anyone other than the intended Voter.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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