Cite as: 594 U. S. ____ (2021) 11 Opinion of the Court In addition, the court noted, none of the individual voters called by the plaintiffs had even claimed that the ballotcollection restriction “would make it significantly more difficult to vote.” Id., at 871. Finally, the court found that the ballot-collection law had not been enacted with discriminatory intent. “[T]he majority of H.B. 2023’s proponents,” the court found, “were sincere in their belief that ballot collection increased the risk of early voting fraud, and that H.B. 2023 was a necessary prophylactic measure to bring early mail ballot security in line with in-person voting.” Id., at 879. The court added that “some individual legislators and proponents were motivated in part by partisan interests.” Id., at 882. But it distinguished between partisan and racial motives, while recognizing that “racially polarized voting can sometimes blur the lines.” Ibid. A divided panel of the Ninth Circuit affirmed, but an en banc court reversed. The en banc court first concluded that both the out-of-precinct policy and the ballot-collection restriction imposed disparate burdens on minority voters because such voters were more likely to be adversely affected by those rules. 948 F. 3d, at 1014–1016, 1032–1033. Then, based on an assessment of the vote-dilution factors used in Gingles, the en banc majority found that these disparate burdens were “in part caused by or linked to ‘social and historical conditions’ ” that produce inequality. 948 F. 3d, at 1032 (quoting Gingles, 478 U. S., at 47); see 948 F. 3d, at 1037. Among other things, the court relied on racial discrimination dating back to Arizona’s territorial days, current socioeconomic disparities, racially polarized voting, and racial campaign appeals. See id., at 1016–1032, 1033– 1037. The en banc majority also held that the District Court had committed clear error in finding that the ballot-collection —————— F. Supp. 3d, at 848.

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