UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ARIZONA ALLIANCE FOR No. 22-16490 RETIRED AMERICANS; VOTO LATINO; PRIORITIES USA, D.C. No. 2:22-cv-01374- Plaintiffs-Appellees, GMS

v. OPINION KRISTIN K. MAYES, in his official capacity as Attorney General for the State of Arizona,

Defendant-Appellant, YUMA COUNTY REPUBLICAN COMMITTEE,

Intervenor-Defendant- Appellant, and KATIE HOBBS, in her official capacity as Secretary of State for the State of Arizona; LARRY NOBLE, Nominal Defendant, in his official capacity as Apache County Recorder; DAVID STEVENS, Nominal 2 ARIZONA ALLIANCE FOR RETIRED AMERICANS V. MAYES

Defendant, in his official capacity as Cochise County Recorder, previously named as David Stephens; PATTY HANSEN, Nominal Defendant, in her official capacity as Coconino County Recorder; SADIE JO BINGHAM, Nominal Defendant, in her official capacity as Gila County Recorder; WENDY JOHN, Nominal Defendant, in her official capacity as Graham County Recorder; SHARIE MILHEIRO, Nominal Defendant, in her official capacity as Greenlee County Recorder; RICHARD GARCIA, Nominal Defendant, in his official capacity as La Paz County Recorder; STEPHEN RICHER, Nominal Defendant, in his official capacity as Maricopa County Recorder; KRISTI BLAIR, Nominal Defendant, in her official capacity as Mohave County Recorder; MICHAEL SAMPLE, Nominal Defendant, in his official capacity as Navajo County Recorder; GABRIELLA CAZARES- KELLY, Nominal Defendant, in her official capacity as Pima County Recorder; DANA LEWIS, Nominal Defendant, in her official capacity as Pinal County Recorder; SUZANNE SAINZ, Nominal Defendant, in her official capacity as Santa Cruz County Recorder; MICHELLE BURCHILL, ARIZONA ALLIANCE FOR RETIRED AMERICANS V. MAYES 3

Nominal Defendant, in her official capacity as Yavapai County Recorder; RICHARD COLWELL, Nominal Defendant, in his official capacity as Yuma County Recorder,

Defendants.

Appeal from the United States District Court for the District of Arizona G. Murray Snow, Chief District Judge, Presiding

Argued and Submitted May 16, 2023 Phoenix, Arizona

Filed September 20, 2024

Before: Jacqueline H. Nguyen, Daniel P. Collins, and Kenneth K. Lee, Circuit Judges.

Opinion by Judge Lee; Concurrence by Judge Lee; Partial Dissent by Judge Nguyen 4 ARIZONA ALLIANCE FOR RETIRED AMERICANS V. MAYES

SUMMARY*

Elections / Standing

The panel vacated the district court’s preliminary injunction enjoining two Arizona election law amendments aimed at curtailing the risk of unlawful voting: (1) a provision that allows the cancellation of a voter’s registration if a county receives confirmation from another county that the voter has moved and is registered in that new county (“Cancellation Provision”); and (2) a provision that makes it a felony to knowingly provide a mechanism for voting to another person registered in another state (“Felony Provision”). The panel held that the plaintiffs, three nonprofit groups who asserted that these two laws would jeopardize Arizonans’ right to vote if they went into effect, lack Article III standing to challenge the Cancellation Provision because they alleged only a frustrated mission and diverted resources, and failed to show that Arizona’s actions directly harmed pre-existing core activities. Under FDA v. Alliance for Hippocratic Medicine, 602 U.S. 367 (2024), the plaintiffs must allege more than that their mission or goal has been frustrated—they must plead facts showing that their core activities are directly affected by the defendant’s conduct. This Court’s organizational standing precedents a