American Encorce v. Fontes

The Ninth Circuit today issued a ruling with two parts: (1) it reversed the district court’s determination that the plaintiffs have standing to challenge the “Canvass Provision” of the Arizona Secretary of State’s Election Manual , which states: “If the official canvass of any county has not been received by this deadline, the Secretary of State must proceed with the state canvass without including the votes of the missing county,” thereby vacating the district court’s injunction against that provision; and (2) affirmed the district court’s injunction against the “Speech Provision” of the manual, which prohibited “[a]ny activity by a person with the intent or effect of threatening, harassing, intimidating, or coercing voters (or conspiring with others to do so) inside or outside the 75-foot limit at a voting location,” after concluding that plaintiffs had standing to challenge that provision.

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