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Brnovich v. Democratic National Committee | 141 S.Ct. 2321 (2021)

In Brnovich versus Democratic National Committee, we’ll see whether elements of Arizona’s voting laws violated the Voting Rights Act.

In twenty sixteen, Arizona enacted a bill that made it a crime for anyone other than postal workers, elections officials, or a voter’s caregiver or family member to collect mail in ballots. Another Arizona regulation held that in person voters who vote on election day in precinct system counties must vote at their assigned precinct. If a voter cast an in person ballot at the wrong precinct, the vote wouldn’t be counted.

The Democratic National Committee, or D N C, challenged the state’s voting regulations by filing suit against Arizona Attorney General Mark Brnovich. The D N C argued that Arizona’s voting laws violated Section Two of the Voting Rights Act because the laws, quote, “adversely and disparately affected Arizona’s American Indian, Hispanic, and African American citizens,” unquote. Under Section Two, states can’t impose any qualification or prerequisite to voting that denies any citizen the right to vote because of the voter’s race or color.

The district court found that the D N C didn’t show that minority groups vote at the wrong precinct more than nonminorities. The court also held that the mail in law applied equally to all voters and didn’t impose any burdens beyond traditional voting burdens. The D N C appealed. The court of appeals affirmed. However, the court later reversed the district court’s holding in an en banc rehearing. Arizona appealed, and the United States Supreme Court granted cert.

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