Case Summary
Members of the Navajo Nation of Arizona filed a federal lawsuit asserting Arizona’s requirement for mail-in ballots to be received by 7:00 pm on Election Day disenfranchised Navajo Nation voters who experience mailing barriers while living on the Navajo reservation, in violation of the Fourteenth Amendment to the US Constitution, Voting Rights Act of 1965, and Arizona Constitution. LWV of Arizona filed an amicus brief in support of the Navajo Nation
Under Arizona law, mail-in ballots must be received by the county recorder or deposited at any polling place in the county no later than 7:00 pm on Election Day. A.R.S. 16-548 requires mail-in ballots to be received by this deadline to be counted and valid; all ballots received after this deadline are rejected.
Here, plaintiffs’ rejected ballots in question were postmarked before or on Election Day but were not received by election officials before 7:00 p.m. on Election Day.
On August 26, 2020, six members of the Navajo Nation filed a federal lawsuit in the United States District Court for the District of Arizona, seeking to count mail-in ballots that were cast by voters living on the Navajo Nation reservation and rejected for failing to meet Arizona’s statutory mail-in ballot deadline.
The plaintiffs asserted that rejecting plaintiffs’ mail-in ballots for failure to meet the receipt deadline disenfranchised voters living on the Navajo reservation, in violation of the Fourteenth Amendment to the US Constitution, Voting Rights Act, and Arizona state constitution.
The plaintiffs noted that voters living on the Arizona portion of the Navajo Nation reservation had diminished access to vote-by-mail ballots than non-Native voters in Arizona due to slower postal services, fewer postal offices, and a lack of standard home mail delivery. Because of these barriers, the plaintiffs asserted Navajo Nation voters were disproportionately impacted by the mail-in-ballot receipt deadline, as they effectively had fewer days to cast their ballot in comparison to non-Native voters.
On September 2, 2020, plaintiffs filed a motion for preliminary injunction to require the ballots to be counted. The court denied the motion on September 25, 2020, asserting plaintiffs failed to demonstrate that Arizona’s mail-in ballot deadline disproportionately burdened voters living on the Navajo Nation reservation. Plaintiffs appealed this decision to the Ninth Circuit Court of Appeals on September 29, 2020.
On October 6, 2020, the League of Women Voters of Arizona (LWV of Arizona) filed an amicus brief supporting the plaintiffs. LWV Arizona asserted plaintiffs faced greater challenges in meeting the receipt deadline than other Arizona voters simply because they were Native Americans living on the reservation. LWV Arizona urged the court to count the ballots postmarked before Election Day to ensure Navajo Nation reservation voters had the same protections and assurances as non-Native residents in Arizona’s mail voting system.
The League of Women Voters of Arizona was represented in this matter by Stris & Maher LLP.
LWV Timeline
Plaintiffs file lawsuit
Six members of the Navajo Nation file a federal lawsuit challenging Arizona’s requirement that mail-in ballots be received before 7:00 pm on Election Day to be counted.
Plaintiffs file motion for preliminary injunction
Plaintiffs move for a preliminary injunction to require defendant to count mail-in ballots cast by voters living on the Navajo Nation reservation postmarked before or on Election Day on November 3, 2020.
District court denies motion for preliminary injunction
The district court denies plaintiffs’ motion for a preliminary injunction, ruling they failed to demonstrate that Arizona’s mail-in ballot deadline disproportionately burdens voters on the Navajo reservation.
Plaintiffs appeal denial of preliminary injunction
The plaintiffs appeal to the United States Court of Appeals for the Ninth Circuit, seeking reversal of the district court's ruling.
Plaintiffs file opening brief
Plaintiffs file their opening brief in the Ninth Circuit, arguing the district court erred by failing to find a disparate burden on plaintiffs’ opportunity to vote by mail and misapplied Section 2 of the Voting Rights Act of 1965.
LWV of Arizona files amicus brief supporting plaintiffs
LWV of Arizona files an amicus brief in support of the plaintiffs. LWV of Arizona asserts the mail-in ballot deadline denies Navajo Nation voters the equal right to vote by failing to account for the unique mailing barriers faced by people who live on reservations.
Ninth Circuit Court of Appeals panel holds oral argument
A three-judge panel of the Ninth Circuit Court of Appeals holds oral argument. LWV of Arizona is allowed to argue in support of the plaintiffs.
Ninth Circuit Court of Appeals affirms denial of preliminary injunction
The Ninth Circuit Court of Appeals affirms the district court’s decision and denies the preliminary injunction due to a lack of standing. The court rules plaintiffs failed to show they had suffered a concrete and particularized injury themselves.
District court dismisses case
The district court dismisses the case without prejudice.