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Resource: Ariz. Democratic Party v. Hobbs

By: COVID-Related Election Litigation Tracker

September 13, 2020

Stanford-MIT Healthy Elections Project

Arizona law permits all registered voters to submit mail-in ballots. Arizona's Elections Procedures Manual establishes a cure period, between 3 and 5 Business Days after an election (depending on the type of election), for the cure of signature mismatches on mail-in ballots. In the case of a signaure mismatch, election officials are required to make reasonable efforts to reach the applicable voters, advise regarding the mismatch and provide an opportunity for voters to confirm the signature or otherwise cure the mismatch. In the case of a ballot missing a signature entirely, election officials are required to make reasonable and meaningful attempts to contact applicable voters to advise that missing signatures may be cured by 7:00 pm on the relevant election day. If the deficiency is not cured, a mail-in ballot without a signature is rejected (i.e., not counted). Plaintiffs allege that Arizona voters will be disenfranchised by the insufficient cure period for missing signatures and challenge the same on First and Fourteenth Amendment grounds. Plaintiffs seek declaratory and injunctive relief, with the 5 business day cure period being extended to cure of mail-in ballots missing signatures.

https://healthyelections-case-tracker.stanford.edu/detail?id=10