Brnovich wants ability to kick some off early voting list

Brennen Center for Justice

By Howard Fischer  Capitol Media Services 

 Attorney General Mark Brnovich is asking a federal court to throw out a lawsuit challenging a new law that will kick some people off what has been the “permanent early voting list.”

In new court filings, Assistant Attorney General Drew Ensign, writing on Brnovich’s behalf, argues that the new law, approved earlier this year, imposes only a “minimal” burden on voters.

Ensign does not specifically address statistics presented by challengers that the change will have a disparate impact on minorities. Instead, he told U.S. District Court Judge Dominic Lanza that these claims are irrelevant, saying there is no proof that was the intent of the Republican-controlled legislature — even if that is what the numbers may show.

And Ensign said even if the comments of Rep. John Kavanagh, R-Fountain Hills, could be seen as showing racial intent — a point Ensign is not conceding — he said that is irrelevant.

“The question is not the purpose of Rep. Kavanagh but the purpose of the Legislature as a whole,” he wrote. And he said the challengers offer “essentially nothing” to prove that point.

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