Diversity and Community Engagement | Voting Rules Updates: Brnovich vs. DNC

Voting Rules Updates: Brnovich vs. DNC

On March 2, 2021, the Supreme Court heard a case involving the Democratic National Committee (DNC) and the Attorney General of Arizona, Mark Brnovich. The case was in regards to two voting policies in Arizona—policies the DNC claimed were in violation of the 1965 Voting Rights Act (VRA), specifically section 2.

Section 2 of the Voting Rights Act states that “no voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any state or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color.” This act has been vital in protecting the voting rights of millions of Americans. The DNC claimed that Arizona was in violation of this section of the Voting Rights Act, because Arizona’s refusal to count ballots cast in the wrong precinct, named the “out-of-precinct policy,” and because of HB 2023, Arizona’s restriction on ballot-collection, specifically stating groups or organizations can not collect voters’ mail-in ballots and mail their ballots for them. The DNC specifically claimed that this policy and this law, respectively, had an “adverse and disparate effect on the state’s American Indian, Hispanic, and African-American citizens,” rendering them in violation of the VRA. The DNC also suggested that there was discriminatory intent displayed by the Arizona legislature when enacting HB 2023, thus rendering it in violation of the 15th amendment as well.

This case began in 2016, when the DNC sued Arizona, for allegedly violating the VRA, in a district court. The district court sided with Arizona, and the DNC appealed this decision to the U.S. Court of Appeals for the 9th Circuit, who agreed with the lower court. However, the U.S. Court of Appeals for the 9th Circuit held an “en banc” rehearing, meaning all the judges of this court heard the case, rather than just one judge, and reversed the lower court’s decisions. Then Mark Brnovich, attorney general of Arizona, appealed to the U.S. Supreme Court, who agreed to hear the case.

In the oral argument before the U.S. Supreme Court, Arizona denied the DNC’s claims, and stated that both the out-of-precinct policy and HB 2023 were passed to combat fraudulent voting. Part of their argument stated that voting, in its nature, places burdens on all voters, not simply minority voters, as all voters have to take time out of their day to research and follow the voting process. Arizona’s attorney general Mark Brnovich stated that the regulations were constitutional as, in his view, there was no substantial disparate impact towards minorities as a result of these regulations. The argument in favor of Arizona’s opinion noted that the impact of the out-of-precinct policy, specifically, was statistically insignificant, for while 99.5% of white voters voted in-precinct in Arizona, 99% of minority voters also voted in-precinct. In the eyes of Brnovich and the Arizona Republican Party, the difference was statistically insignificant.

The Supreme Court, in a 6-3 decision, decided in favor of Brnovich, stating that both the out-of-precinct policy and HB 2023 did not violate Section 2 of the Voting Rights Act or the 15th amendment. The out-of-precinct policy and HB 2023 still stand in Arizona to this day. If you are from Arizona, make note of this decision when following the voting process, noting that you may not participate in ballot-collection (i.e. collecting people’s ballots to help deliver them to the precincts), and you may not vote out of precinct.

It’s important to stay updated on the different voting policies around the country, so we can not only follow the correct procedures and make sure everyone who is eligible to vote can vote, but it is also important to predict how voting policies may change in the future. Anticipating changes in voting policies is critical to ensure that you follow the law and ensure your votes will count. Reach out to the Voting Ambassador Team in the Center for Community Engagement, through engaged@olemiss.edu or elfoley@go.olemiss.edu if you have any questions regarding the voting process in your state.