Judge Douglas L. Rayes on the Arizona District court ruled [order] on Tuesday that he will not accept the Democratic National Committee’s argument and require Arizona to accept provisional ballots from outside a voter’s home precinct. Feldman et al v. Arizona Secretary of State’s Office et al [case docket] was filed in early April and claims that the constitutional rights of the people to vote in Maricopa County [official website] has been abridged due to long lines and an insufficient number of polling stations – leaving people waiting in line to vote for more than four hours. The Democratic National Committee’s lawsuit comes on the eve of the 2016 presidential election, in Maricopa County, Arizona, where 70 percent of polling places between 2012 and 2016 have been removed. The complaint alleged the polling place cut resulted in “severe, inexcusable burdens on voters countywide, as well as the ultimate disenfranchisement of untold numbers of voters” who are unwilling to wait in incredibly long lines. On one occasion, thousands of voters were still waiting to cast their ballot as the polls closed.
Voting issues remain a controversial topic, particularly with the presidential election approaching. In April, the US Department of Justice (DOJ) notified Maricopa County officials that it will investigate the issues voters in Arizona’s most populous county faced during the March 22 primary election [JURIST report]. Earlier that month, the US Supreme Court ruled unanimously in Evenwel v. Abott that states may use total population to appropriate state legislative districts, and there is no constitutional requirement that states use voter population in order to divide up legislative districts [JURIST report]. Last month the League of United Latin American Citizens and Congressman Marc Veasy, along with other plaintiffs, filed an application with the Supreme Court, asking the court to vacate a stay [JURIST report] that allowed a Texas voter ID law, said to have racially discriminatory effects, to remain in place. Also in March Supreme Court Justice Anthony Kennedy ordered Montana to respond to the Montana Republican Party’s application for injunctive relief requesting the right to a closed primary in the state [JURIST report]. A judge for Ohio’s Franklin County Court of Common Pleas [official website] in March granted an emergency order [text, PDF] allowing 17-year-olds who will turn 18 by the November election to vote in the Ohio primary [JURIST report].