A Democratic lawsuit challenging Arizona’s absentee ballot deadline is citing the Supreme Court’s recent ruling about the Wisconsin primary to support its case, arguing that the decision to allow absentee ballots to count in Wisconsin if they were postmarked on or by Election Day should also apply in Arizona.
In a supplemental memo filed Tuesday in federal court, lawyers for a trio of plaintiffs argued that the high court’s ruling bolsters their complaint that requiring absentee ballots to be returned — rather than postmarked — on or by Election Day leads to the disenfranchisement of thousands of voters when their overdue ballots are rejected.
The Supreme Court ruled on Monday of last week that absentee ballots in Wisconsin’s primary had to be postmarked by April 7, the date of election, but could be counted as long as they were received by April 13. Typically, absentee ballots in Wisconsin must be received on or by Election Day to count, making the decision a victory for Democrats as they seek to ease voting restrictions during the coronavirus pandemic.
