Arizona Supreme Court Dismisses Challenge to Availability of Voter Registration Forms and Access to Ballot Drop-Off Sites

PHOENIX, Ariz. - Late last week, the Supreme Court of Arizona dismissed a petition filed by the chair of the Republican Party of Arizona and two individuals, challenging two executive orders signed by Governor Katie Hobbs last November that expanded access to voter registration forms and ballot-drop off sites.

Petitioners had contended that Governor Hobbs lacked authority to issue the two executive orders and brought their challenge directly to the Supreme Court of Arizona, bypassing the lower courts. On September 6, the League of Women Voters of Arizona (LWVAZ), represented by Fair Elections Center and the Arizona Center for Law in the Public Interest, filed an amicus brief, urging the Arizona Supreme Court to dismiss the petition because it failed to satisfy the exceptional circumstances standard necessary to justify the Court's jurisdiction at this juncture. The Court agreed and dismissed the petition for this reason, expressly holding that petitioners had failed to meet their high bar.

"As a state with a longstanding commitment to ensuring equitable access to the ballot for all Arizonans, we are gratified by the Court's decision to dismiss this petition, which could have adversely affected over 80% of voters who vote by mail and use ballot drop boxes. The League of Women Voters of Arizona is grateful that the Supreme Court let stand the executive orders to expand voting access, a vital step in ensuring all eligible citizens have the opportunity to register to vote and cast their ballots," said Pinny Sheoran, president of the League of Women Voters of Arizona.

"We are pleased that the Supreme Court of Arizona swiftly dismissed this petition, which belatedly and inappropriately sought an eleventh-hour shift in the way Arizona conducts its elections," said Nina Beck, Counsel at Fair Elections Center. "Such tactics only serve to create chaos and undermine our elections. The Court was right to dismiss this action and enforce its procedural rules in doing so."

This is the second time in two years that the LWVAZ has prevailed on this very issue. In 2022, the LWVAZ, represented by Fair Elections Center, filed an amicus brief arguing that the Arizona Supreme Court should dismiss a direct petition filed by the Arizona Republican Party that threatened all early voting because that petition did not meet the exceptional circumstances standard. There, too, the Court agreed with the LWVAZ and dismissed the petition.

The Supreme Court of Arizona's dismissal is once again a win for the LWVAZ, its partners, and all Arizonans. As a direct result, both executive orders remain in effect. Executive Order 23 allows state facilities to be used as voting places or ballot drop-off locations and Executive Order 25 directs state agencies to provide information and resources related to voter registration.

The voter registration deadline for the November 5 general election is October 7. Early voting begins on October 9.

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