Wednesday, November 2, 2016

BULLETIN: 9th Circuit To Take 2nd Look At Arizona Ballot Harvesting Ban; Vacates Earlier Opinion Upholding Law

Arizona's ban on ballot harvesting is back in contention this afternoon, as a majority of judges in the 9th Circuit Court of Appeals vacated the three judge panel's opinion upholding the law, and ordered an en banc panel to quickly re-decide.

At least five judges disagreed with the decision to vacate, but a majority voted to vacate and re-hear. Judge Stephen Reinhardt wrote the opinion expressing the reasons to re-hear. But, as UC Irvine election law Professor Rick Hasen points out, Reinhardt makes the "pretty extraordinary prediction" that the larger panel - drawn by lots - will still uphold the law even though he thinks that a majority of all the 9th Circuit judges would strike it down.

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