By Mary Jo Pitzl | Arizona Republic
Arizonans can vote early by mail in the August primary election, but a judge will determine by Monday whether they can do the same in the November general election.
Mohave County Superior Court Judge Lee Jantzen concluded a Friday hearing on the constitutionality of Arizona’s early voting system by stating he will issue a written opinion by noon June 6. It’s unlikely to be the final word on the popular voting system; an appeal is expected for whichever way Jantzen rules.
At issue is a complaint from the Arizona Republican Party that claims the no-excuses mail voting that has been the law in Arizona for 30 years violates ballot secrecy, as required by the Arizona Constitution.
“If the citizens wish to have a system of no-excuse mail-in voting, they certainly can do so,” attorney Alexander Kolodin said, noting citizens can launch a ballot initiative.
“Until then, constitutions are constitutions, and not statutes.”
The party is seeking a ruling that would bar the practice for the Nov. 8 general election — a development that elections officials say would confuse voters and send county elections workers scrambling to accommodate the return of millions of voters to the polls on Election Day.
The lawsuit comes after former President Donald Trump’s loss in 2020 increased skepticism of the popular voting method. If successful, it could require voters to obtain and cast their ballots at the polls on Election Day, with exceptions for people who are sick, disabled or out of town.
