Court allows vote by mail despite GOP’s efforts to kill practice

By Howard Fischer || Capitol Media Services  January 17, 2023

A voter casts their ballot at a secure ballot drop box at the Maricopa County Tabulation and Election 

All Arizonans will continue to be able to vote by mail despite efforts by the state Republican Party to kill the practice.

The state Court of Appeals on Tuesday rejected arguments by a lawyer for the GOP and Kelli Ward, its chair, that allowing people to vote from their own homes or anywhere other than a polling place violates a constitutional requirement for a secret ballot. Judge Cynthia Bailey, writing for the three-judge panel, said there are sufficient safeguards built into Arizona law to ensure that each voter’s choices are kept confidential as the Arizona Constitution requires.

Tuesday’s ruling is unlikely to be the last word. Attorney Alexander Kolodin told Capitol Media Services the appellate judges got it wrong and he plans to seek Supreme Court review.

Arizona has had some form of early voting almost since the first days of statehood. But that was limited to special circumstances, ranging from military serving overseas to people who were incapacitated.


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