“Democratic lawsuit challenging Arizona absentee ballot deadline cites Supreme Court ruling on Wisconsin primary”

WaPo:

 Democratic lawsuit challenging Arizona’s absentee ballot deadline is citing the Supreme Court’s recent ruling about the Wisconsin primary to support its case, arguing that the decision to allow absentee ballots to count in Wisconsin if they were postmarked on or by Election Day should also apply in Arizona.

In a supplemental memo filed Tuesday in federal court, lawyers for a trio of plaintiffs argued that the high court’s ruling bolsters their complaint that requiring absentee ballots to be returned — rather than postmarked — on or by Election Day leads to the disenfranchisement of thousands of voters when their overdue ballots are rejected.

The Supreme Court ruled on Monday of last week that absentee ballots in Wisconsin’s primary had to be postmarked by April 7, the date of election, but could be counted as long as they were received by April 13. Typically, absentee ballots in Wisconsin must be received on or by Election Day to count, making the decision a victory for Democrats as they seek to ease voting restrictions during the coronavirus pandemic.AD

Marc Elias, a Democratic elections lawyer involved in both cases, said precedent may be helpful in the legal push against Arizona’s deadline, which has emerged as the first test of whether lower courts will follow the Supreme Court’s lead. The original suit was filed in November.

“What we’ve asked the court to do is to frankly agree with what the Supreme Court did in Wisconsin, which is to say that ballots that are postmarked by Election Day will count,” Elias said Wednesday. “That’s exactly the relief we seek in Arizona.”

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