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
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F. Supp. 3d, at 848.