32
BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE
Opinion of the Court
Even if the plaintiffs had shown a disparate burden
caused by HB 2023, the State’s justifications would suffice
to avoid §2 liability. “A State indisputably has a compelling
interest in preserving the integrity of its election process.”
Purcell v. Gonzalez, 549 U. S. 1, 4 (2006) (per curiam) (internal quotation marks omitted). Limiting the classes of
persons who may handle early ballots to those less likely to
have ulterior motives deters potential fraud and improves
voter confidence. That was the view of the bipartisan Commission on Federal Election Reform chaired by former President Jimmy Carter and former Secretary of State James
Baker. The Carter-Baker Commission noted that “[a]bsentee balloting is vulnerable to abuse in several ways: . . . Citizens who vote at home, at nursing homes, at the workplace,
or in church are more susceptible to pressure, overt and
subtle, or to intimidation.” Report of the Comm’n on Fed.
Election Reform, Building Confidence in U. S. Elections 46
(Sept. 2005).
The Commission warned that “[v]ote buying schemes are
——————
reader will search in vain to discover where the District Court “found” to
what extent HB 2023 would make it “ ‘significantly more difficult’ ” for
Native Americans to vote. Post, at 39, n. 15 (citing 329 F. Supp. 3d, at
868, 870). Rather, “[b]ased on” the very same evidence the dissent cites,
the District Court could find only that minorities were “generically” more
likely than non-minorities to make use of third-party ballot-collection.
Id., at 870. The District Court’s explanation as to why speaks for itself:
“Although there are significant socioeconomic disparities between minorities and non-minorities in Arizona, these disparities are an imprecise
proxy for disparities in ballot collection use. Plaintiffs do not argue that
all or even most socioeconomically disadvantaged voters use ballot collection services, nor does the evidence support such a finding. Rather,
the anecdotal estimates from individual ballot collectors indicate that a
relatively small number of voters have used ballot collection services in
past elections.” Ibid.; see also id., at 881 (“[B]allot collection was used as
a [get-out-the-vote] strategy in mostly low-efficacy minority communities, though the Court cannot say how often voters used ballot collection,
nor can it measure the degree or significance of any disparities in its usage” (emphasis added)).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents