The Arizona laws in question required voters to cast ballots in the precinct or polling center in the county in which they were registered on Election Day and made it a crime for anyone other than a postal worker, elections official, family or household member, or caregiver to collect a ballot during early voting. These requirements and prohibitions may or may not be good policy, but the question before the Court was whether the totality of the circumstances suggested their purpose or effect was to disenfranchise certain voters because of race, color, or language minority status. The evidence the DNC offered for this proposition was deemed inadequate. They failed to show that the state intended to discriminate against minority voters when it enacted the law; and even under the more capacious standard of whether the law had the effect of denying or abridging the rights of such voters, the evidence was exceedingly thin. Out-of-precinct voting resulted in .5 percent of white voters’ ballots not being counted and 1 percent of ballots cast by blacks, Hispanics, and Native Americans—a small differential. The majority opinion, written by Justice Samuel Alito, is exhaustive and counters the arguments of the three dissenting justices well. It is worth the read.
It may well be time for Congress to act to make voting rules more consistent nationwide—and it has the authority to do so. But the biggest threat to democracy now is less that voting laws are too restrictive than it is that votes, once lawfully cast, are counted and the results accepted by losers as well as winners. The strength of democracy rests on the acceptance of election results, win or lose. Laws currently under consideration that would throw election results into question and allow state legislatures to reject them are a serious problem that undermines the future of our democracy. Instead of trying to re-write the VRA to overturn court decisions that were anything but radical, democracy advocates should concentrate on limiting the power of partisan losers to overturn the will of the people.
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