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LDF Files Amicus Brief in Arizona Supreme Court

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12.Apr, 2022 Comments Off on LDF Files Amicus Brief in Arizona Supreme Court Election Administration,Election Litigation

LDF Files Amicus Brief in Arizona Supreme Court

Lawyers Democracy Fund filed an amicus brief in Arizona GOP v. Hobbs to highlight why common sense voter integrity safeguards are essential to ballot secrecy and security in mail voting systems.


In its brief, LDF explained that while Arizona over the years has made it more convenient to vote by mail, it has simultaneously removed important and meaningful election integrity safeguards, which ensure ballot integrity.


“Regardless of whether one thinks changes are good or bad, the adoption of widespread mail-in voting and the use of drop boxes is fundamentally a choice between the competing values of convenience and secrecy. By authorizing mail-in voting and permitting ballot drop boxes, the legislature and the Secretary of State undermined ballot secrecy to bolster convenience without going through the proper constitutional channels.”

Furthermore, LDF proposed that perhaps the proper channel that should have been taken to flesh out Arizona’s mail voting process and its security features was to go through the constitutional amendment process.


“Many may well argue that it is past time to rebalance convenience and secrecy in Arizona’s elections. However, there is a proper channel to effect this reevaluation: amend the Arizona Constitution and thereby give the people of Arizona the ability to balance these important interests. Failing that, significant policy decisions, like implementation of drop boxes, should be left to the legislature, not the Secretary of State.”

The Arizona GOP brought its petition directly to the Arizona Supreme Court, asking the Court to exercise original jurisdiction over the case.  However, the Arizona Supreme Court declined to take up the case but permitted the Arizona GOP to file their lawsuit in a lower court.


LDF regularly participates as amicus in election administration cases to provide a pro-integrity perspective.  To read LDF’s amicus brief in its entirety, click here.


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