By Howard Fischer, Capitol Media Services via Arizona Capitol Times
Attorney General Mark Brnovich is asking a federal appeals court to allow Arizona to continue enforcing the “ballot harvesting” law that a majority of the panel just found unconstitutional.
In new legal filings Friday, Brnovich told the judges that changing the rules now could have a confusing effect. He pointed out that early ballots for the March 17 presidential preference primary started going out Saturday for overseas voters, with the rest being mailed on Feb. 19.
“Once ballots are received, voters can began voting,” he told the 9th Circuit Court of Appeals. More to the point, he said that, based on the appellate court ruling, those ballots “are subject to being harvested.”
So Brnovich wants the judges to agree not to enforce their ruling while he takes the case to the U.S. Supreme Court.
It will be just Brnovich who files that appeal.
