Cite as: 594 U. S. ____ (2021)
9
Opinion of the Court
is the right precinct, the voter ordinarily may cast a provisional ballot. Ariz. Rev. Stat. Ann. §16–584 (Cum. Supp.
2020). That ballot is later counted if the voter’s address is
determined to be within the precinct. See ibid. But if it
turns out that the voter cast a ballot at the wrong precinct,
that vote is not counted. See §16–584(E); App. 37–41 (election procedures manual); Ariz. Rev. Stat. Ann. §16–452(C)
(misdemeanor to violate rules in election procedures manual).
For those who choose to vote early by mail, Arizona has
long required that “[o]nly the elector may be in possession
of that elector’s unvoted early ballot.” §16–542(D). In 2016,
the state legislature enacted House Bill 2023 (HB 2023),
which makes it a crime for any person other than a postal
worker, an elections official, or a voter’s caregiver, family
member, or household member to knowingly collect an
early ballot—either before or after it has been completed.
§§16–1005(H)–(I).
In 2016, the Democratic National Committee and certain
affiliates brought this suit and named as defendants
(among others) the Arizona attorney general and secretary
of state in their official capacities. Among other things, the
plaintiffs claimed that both the State’s refusal to count ballots cast in the wrong precinct and its ballot-collection restriction “adversely and disparately affect Arizona’s American Indian, Hispanic, and African American citizens,” in
violation of §2 of the VRA. Democratic Nat. Comm. v.
Hobbs, 948 F. 3d 989, 998 (CA9 2020) (en banc). In addition, they alleged that the ballot-collection restriction was
“enacted with discriminatory intent” and thus violated both
§2 of the VRA and the Fifteenth Amendment. Ibid.
After a 10-day bench trial, 329 F. Supp. 3d, at 832, 833–
838, the District Court made extensive findings of fact and
rejected all the plaintiffs’ claims, id., at 838–883. The court
first found that the out-of-precinct policy “has no meaning-