Justices seem set to sustain Arizona vote limits

WASHINGTON — The Supreme Court appeared ready Tuesday to uphold voting restrictions in Arizona in a key case that could make it harder to challenge a raft of other voting measures Republicans have proposed following last year’s elections.

All six conservative justices, appointed by Republican presidents, suggested they would throw out an appellate ruling that struck down the restrictions as racially discriminatory under the landmark Voting Rights Act. The three liberal members of the court, appointed by Democrats, were more sympathetic to the challengers.

The outcome could make it harder to use the Voting Rights Act to sue over legislation that creates obstacles to voting in the name of election security. Such measures are currently making their way through dozens of Republicancontrolled state legislatures.

The Arizona provisions under review were in place for last year’s voting. They are a 2016 law that limits who can return early ballots for another person and a separate policy of discarding ballots cast in the wrong precinct.

Both parties used ballot collection in Arizona to boost turnout during elections by going door to door and asking voters if they had completed their mail-in ballots. Voters who hadn’t were urged to do so, and the volunteers offered to take the ballots to election offices. Democrats used the process more effectively.

Republicans who control the legislature made a crime of ballot collection, dubbed ballot harvesting by opponents, other than for family members and caregivers. Eighty percent of the state’s voters use mail-in ballots or vote early in person.

The federal appeals court in San Francisco found that Black, Hispanic and Native Americans voters were most heavily affected by the new law.

Chief Justice John Roberts and Justice Brett Kavanaugh pointed to the 2005 recommendation of a commission chaired by former President Jimmy Carter and the late James Baker to eliminate ballot collection, among other ideas to reduce the chance for election fraud.

Kavanaugh said the recommendation seemed to be the sort of “circumstance that puts a thumb on the scale in favor of the legitimacy of the rule.”

Jessica Amunson, representing Arizona Secretary of State Katie Hobbs in opposition to the restrictions, said the court should not ignore the state’s experience with ballot collection.

“Arizona had a 25-year history of literally not a single instance of fraud with ballot collection,” Amunson said on behalf of Hobbs, a Democrat.

A decision is expected by early summer.