The Republican National Committee (RNC) is intervening against Arizona’s Democrat Secretary of State, Katie Hobbs, for refusing to follow the Supreme Court’s election integrity ruling.
Hobbs is proposing rules for Arizona elections that directly contradict the Brnovich vs. DNC Supreme Court ruling, which upheld a state statute that bans ballot harvesting, as well as a policy that “throws out votes cast by persons in precincts in which they do not reside,” as Breitbart News reported in July.
Hobbs, however, is proposing a 2021 Draft Elections Procedures Manual which, according to the RNC, “authorizes counties to improperly count votes cast in the wrong precinct for certain races,” effectively circumventing the Supreme Court’s decision. Page 201 of the manual reads [emphasis added]:
If the voter’s name does not appear on that precinct’s signature roster because the voter resides in another precinct (in counties that conduct assigned polling place elections), an election official shall direct the voter to the correct polling location or, if applicable, to a vote center. The election official must also inform the voter that although the voter has a right to vote a provisional ballot at that location, the voter must vote in the correct polling place in order for all of their votes to be counted. If the voter insists on voting at that incorrect location, a provisional ballot must be issued, but the voter should again be informed that voting in the wrong precinct means there may be some races or ballot questions on the ballot that the voter is not eligible to vote for so their votes for those races or ballot questions will not be counted. The voter should also be informed that ballots cast in the wrong county will not be counted.
As a result, on September 15, the RNC sent a demand letter to Hobbs over the proposed changes in the 2021 Draft Reelection Procedures Manual, noting that she, in “multiple instances” purports to “authorize counties to count certain races (‘up-ticket races’) on ballots cast in the wrong precinct in precinct-based counties (‘OOP ballots’).”
The RNC continued:
According to media reports, your office justifies this radical change on the theory that it was merely the prior-existing EPM, not state statute, that has prevented OOP ballots from being counted. But that interpretation is legally incorrect and transparently runs afoul of the series of rulings that recently culminated in the U.S. Supreme Court decision in Brnovich v. Democratic National Committee.
“Accordingly, the RNC urges you to remove the offending provisions from the EPM draft you ultimately submit to the Governor and Attorney General by October 31, 2021,” the RNC wrote, making it clear in the letter it would pursue legal action if Hobbs refused to address the offending provisions.
“We strongly urge you to revert back the OOP-related portions of the draft EPM prior to submitting the Manual to the Governor and Attorney General. If you fail to do so, the RNC is committed to taking all possible actions to ensure the rule of law is upheld,” the RNC warned.
It is now taking the next step.
“The RNC is working to make it easier to vote and harder to cheat in Arizona. Our huge victory in the Brnovich vs. DNC ruling proves that our common-sense policies are the right ones for Arizonans — and as the election integrity fight continues, we’re staying legally involved every step of the way,” RNC Chairwoman Ronna McDaniel said in an exclusive statement.
“We look forward to continuing to beat Democrats as they baselessly attempt to undermine election integrity in Arizona,” she added.
Additionally, the RNC is taking action to ensure the state and counties are complying with laws requiring states to clean their voter rolls, “requesting information on the practices and maintenance regarding the state’s voter registration lists” from Hobbs, whom the RNC said has been “uncooperative.”
The case referenced is Brnovich v. Democratic National Committee, No. 19–1257 in the Supreme Court of the United States. It was consolidated with Arizona Republican Party v. Democratic National Committee.
