This article was originally posted 12/14/20 and has been updated with details of the Supreme Court Hearing:
“Brnovich v. Democratic National Committee is a case scheduled for argument before the Supreme Court of the United States on March 2, 2021, during the court’s October 2020-2021 term. The case came on a writ of certiorari to the United States Court of Appeals for the 9th Circuit. It was consolidated with Arizona Republican Party v. Democratic National Committee.[2]
The case concerns voting policies in Arizona and Section 2 of the Voting Rights Act.
- The case: In 2016, several arms of the Democratic Party (ongoing referred to as the DNC) sued Arizona, claiming its out-of-precinct policy and its ballot-collection law violated Section 2 of the Voting Rights Act. The U.S. District Court denied the DNC’s petition, which a divided panel of the U.S. Court of Appeals for the 9th Circuit affirmed. In an en banc rehearing, the 9th Circuit granted a preliminary injunction, which the U.S. Supreme Court stayed the next day.[3][4]
In October 2017, the district court held a trial on the merits, ultimately ruling in favor of the state of Arizona. On appeal, a divided 9th Circuit panel affirmed the district court’s ruling. In an en banc rehearing, the 9th Circuit reversed the panel’s decision. Arizona Attorney General Mark Brnovich (R), in his official capacity, and the Arizona Republican Party, appealed to the U.S. Supreme Court.[3][4]
- The issues:
- “1. Does Arizona’s out-of-precinct policy violate Section 2 of the Voting Rights Act?
- 2. Does Arizona’s ballot-collection law violate Section 2 of the Voting Rights Act or the Fifteenth Amendment?”[5]
- The outcome: The appeal is pending adjudication before the U.S. Supreme Court.”
Ballot Harvesting just might get federal protections from the US Supreme Court soon as states like Arizona pass laws to protect activists and activist judges who claim to be protecting minority communities by allowing the controversial practice to continue.
What that means for us is that we may never have any fair elections in the United States again, and we will be forced to accept it,, unless the Supreme Court intervenes.
“Two people have been accused of ballot harvesting in Yuma County according to the Arizona Attorney General Mark Brnovich” local Arizona news outlets reported on Thursday.
On Wednesday, Brnovich announced that a State Grand Jury indicted Guillermina Fuentes and Alma Juarez, both of San Luis, Arizona, for 1 count each of Ballot Abuse, also known as “ballot harvesting.”
The indictment alleges that during the August 2020 Primary Election, Fuentes and Juarez knowingly collected four voted ballots from another person, in violation of Arizona law.
“The early ballots were deposited into a ballot box on Election Day, and were processed and counted by the Yuma County Recorder during the election,” the AZ AG’s office said in a news release. “Arizona law only provides for a family member, household member, or caregiver of the voter to collect voted or unvoted early ballots from another person.”
Ballot abuse is a felony in Arizona. It carries a penalty of up to two years in prison and a $150,000 fine.
It remains unclear what prompted the investigation, or whose four ballots the women collected.
The ballot-harvesting law passed in 2016 as House Bill 2023. In January, the 9th U.S. Circuit Court of Appeals ruled that it violated the Voting Rights Act because it had a disproportionate impact on Black, Latino, and Indigenous voters in Arizona.
Because for some reason minority communities need to not follow the laws that others have to follow.
The court stayed its ruling, allowing the law to be implemented during this year’s high-turnout election, pending an appeal to the Supreme Court. The high court announced in October they would review the law.
Considering the eagerness the US SCOTUS has had in invalidating the US Constitution and equal rights, it is as if the American people have any standing on any issues with the “High Court” any longer.
Fuentes is the former mayor of San Luis, the Yuma Sun reported, and is a Gadsden Elementary School District #32 board member.
Ryan Anderson, a spokesman for Brnovich, said this is the first time the Attorney General’s Office has prosecuted someone under the ballot collection law. And he believes it to be the first time anyone has been charged under the four-year-old law.
Sen. Michelle Ugenti-Rita, R-Scottsdale, who sponsored the 2016 law, said she’s also unaware of any county prosecutors charging anyone with third-party ballot collection.
Ugenti-Rita said she’s not surprised there haven’t been any prior cases under the ballot collection law. She said some election officials have long expressed reluctance to enforce it. It can also be difficult to prove.
“It’s unfortunate to hear that potentially people were participating in ballot harvesting, but I’m glad the law’s there,” Ugenti-Rita said.
The indictments come as Brnovich prepares to defend the ballot harvesting law in front of the U.S. Supreme Court.
A federal judge upheld the law after the Democratic National Committee and others sued to overturn it. The 9th U.S. Circuit Court of Appeals ruled in January that it was unconstitutional and violated the Voting Rights Act by suppressing minority voters, but allowed the law to stay in effect through the 2020 election pending appeal. The Supreme Court agreed in October to hear the case.
Kari is an ex-Community Organizer who writes about Voter Engagement, Cultural Marxism and Campaigns. She has been a grassroots volunteer with the GOP, on and off for 18 years. She is a Homeschool Mom in North Carolina and loves Photojournalism and Citizen Journalism. @Saorsa1776
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