Legal Opinion · Dissent

Leslie Feldman v. Arizona Sec'y of State's Ofc.

Court of Appeals for the Ninth Circuit

Decided November 2, 2016No. 16-16865Published

1DissentThomas, Chief Judge

Voting should be easy in America. In Arizona, it is not, and the burden falls heaviest on minority voters. At issue in this appeal is Arizona’s refusal to count ballots cast out-of-precinct, even for races in which the citizen is entitled, qualified, and eligible to vote. Statistically significant evidence shows that this practice disproportionately and adversely impacts minority voters. Because the district court erred in denying the motion for a preliminary injunction directing that these legitimate votes be counted, I respectfully dissent.

I

Under federal and state law, a voter who appears…

2Cases cited21 opinions

  1. Allen v. State Board of ElectionsSupreme Court of the United States · 1968
  2. Ruiz v. City of Santa MariaCourt of Appeals for the Ninth Circuit · 1998
  3. Nader v. BrewerCourt of Appeals for the Ninth Circuit · 2008
  4. Harrison v. LaveenArizona Supreme Court · 1948
  5. Public Integrity Alliance, Inc. v. City of TucsonCourt of Appeals for the Ninth Circuit · 2016

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