Mi Familia Vota v. Hobbs

Arizona law requires voters to register to vote at least 29 days before an election to be able to cast a ballot. This meant that, for the general election on November 3, 2020, voters would be required to submit their registration by October 5, 2020 — or they would be unable to vote. 

2020 was a uniquely difficult year for voter registration efforts. On March 30, 2020, the state of Arizona issued a statewide stay-at-home order in response to the COVID-19 pandemic. This order was rescinded on May 15, 2020, and a similar order was issued again from June to August. 

In response to the pandemic and the state’s orders, organizations like Mi Familia Vota and Arizona Coalition for Change halted all in-person voter registration efforts. This led to a significant decrease in the number of voters they were able to register for the general election before the state’s October voter registration deadline. 

On September 30, 2020, Mi Familia Vota and Arizona Coalition for Change filed a federal lawsuit to extend Arizona’s voter registration deadline by at least three weeks to account for the voter registration challenges they faced due to Arizona’s COVID-19 restrictions and stay-at-home order. The plaintiffs argued that, unless the court extended the original voter registration deadline, thousands of eligible voters would not be registered in time to vote in the 2020 election. 

Because the original voter registration deadline failed to account for these voter registration challenges, the plaintiffs asserted the deadline abridged their freedom of speech by burdening their ability to register voters and deprived them of their core political rights protected by the Due Process Clause. 

The plaintiffs filed a motion for preliminary injunction on September 30, 2020, to extend the voter registration deadline by three weeks and allow them to register more voters for the 2020 election. On October 5, the district court granted plaintiffs’ motion and extended the registration deadline to October 23, 2020.  

In response, on October 8, 2020, three parties filed appeals in the United States Court of Appeals for the Ninth Circuit. The Republican National Committee (“RNC”) filed a motion to stay the District Court’s order and uphold the original voter registration deadline, arguing that a new deadline would confuse voters, burden election officials, and cause the RNC to divert its resources to “maintain voter registration parity.” The Arizona Attorney General moved for a stay, asserting that the new deadline harmed Arizona by preventing it from enforcing the election laws enacted by its elected representatives. Lastly, the Arizona Secretary of State filed a statement informing the court she supported a stay and intended to appeal the grant of a preliminary injunction. The Secretary argued a new deadline would impede her ability to administer orderly elections. 

On October 9, 2020, LWV Arizona and the Phoenix Indian Center filed an amicus brief supporting the plaintiffs. LWV Arizona asserted that pausing the District Court’s order would disenfranchise thousands of Arizona citizens who had already registered during the extended deadline. LWV Arizona also argued the injunction was necessary to address the significant drop in the rate of newly registered voters caused by the state’s restrictions on in-person gatherings during the pandemic. Finally, LWV Arizona argued a stay would deter Arizona voters from exercising their democratic rights and prevent plaintiffs from fulfilling their goals of registering Arizona citizens to vote. 

LWV Arizona was represented in this matter by Girard Sharp LLP.