Appeals court throws out Arizona ballot harvesting law

PHOENIX (AP) — A federal appeals court ruled Monday that a 2016 Arizona law that bars anyone but a family member or caregiver from returning early ballots violates the Voting Rights Act and the Constitution.

The ruling from the 9th U.S. Circuit Court of Appeals also found that Arizona's policy of discarding ballots if a voter went to the wrong precinct violates the law.

The rulings are a major victory for Democrats who sued to block the 2016 law and the out of precinct voting policy.

Appeals Court Judge William A. Fletcher wrote for the divided court that the Arizona's practice of discarding ballots cast in the wrong precinct and criminalizing the collection of another person't ballot “have a discriminatory impact on American Indian, Hispanic, and African American voters in Arizona” in violation of the Voting Rights Act. The ruling also said the ban on what Republicans have called ballot harvesting was enacted with "discriminatory intent."

Four of 11 judges on the panel dissented, saying the panel struck down duly enacted policies.

The lawsuit by the Democratic National Committee, Democratic Senatorial Campaign Committee, and state Democratic Party has been working through the court since shortly after the 2016 law was passed.

The law made it a felony to return someone else's ballot to election officials in most cases. Republicans pushed House Bill 2023 through the Legislature over objections from Democrats, arguing that so-called "ballot harvesting" can lead to election fraud. Gov. Doug Ducey signed it, saying it would ensure a chain of custody between the voter and the ballot box.

Attorneys for the state argue the new law ensures the integrity of elections and called it a reasonable step to prevent voting fraud. The state Republican Party has joined the...