UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT ARIZONA DEMOCRATIC PARTY; No. 20-16759 DEMOCRATIC NATIONAL COMMITTEE; DSCC, D.C. No. Plaintiffs-Appellees, 2:20-cv-01143- DLR V. KATIE HOBBS, in her official capacity as Arizona Secretary of State, Defendant-Appellee, STATE OF ARIZONA, Intervenor-Defendant-Appellant, and EDISON WAUNEKA, in his official capacity as Apache County Recorder, DAVID STEVENS, 1n his official capacity as Cochise County Recorder, PATTY HANSEN, in her official capacity as Coconino County Recorder; SADIE JO BINGHAM, in her official capacity as Gila County Recorder; WENDY JOHN, in her official capacity as Graham County Recorder, SHARIE MILHEIRO, in her official capacity as Greenlee County

2 ARIZONA DEMOCRATIC PARTY V. HOBBS

Recorder, RICHARD GARCIA, 1n his official capacity as La Paz County Recorder, ADRIAN FONTES, in his official capacity as Maricopa County Recorder, KRISTI BLAIR, in her official capacity as Mohave County Recorder, MICHAEL SAMPLE, in his official capacity as Navajo County Recorder; F. ANN RODRIGUEZ, in her official capacity as Pima County Recorder, VIRGINIA ROSS, in her official capacity as Pinal County Recorder, SUZANNE SAINZ, 1n her official capacity as Santa Cruz County Recorder; LESLIE HOFFMAN, in her official capacity as Yavapai County Recorder; ROBYN POUQUETTE, in her official capacity as Yuma County Recorder, Defendants, REPUBLICAN NATIONAL COMMITTEE; ARIZONA REPUBLICAN PARTY, Intervenor-Defendants.

ARIZONA DEMOCRATIC PARTY V. HOBBS

ARIZONA DEMOCRATIC PARTY; DEMOCRATIC NATIONAL COMMITTEE; DSCC, Plaintiffs-Appellees, Vv. KATIE HOBBS, in her official capacity as Arizona Secretary of State, Defendant-Appellee, REPUBLICAN NATIONAL COMMITTEE; ARIZONA REPUBLICAN PARTY, Intervenor-Defendants-Appellants, and EDISON WAUNEKA, in his official capacity as Apache County Recorder, DAVID STEVENS, 1n his official capacity as Cochise County Recorder, PATTY HANSEN, in her official capacity as Coconino County Recorder; SADIE JO BINGHAM, in her official capacity as Gila County Recorder; WENDY JOHN, in her official capacity as Graham County Recorder, SHARIE MILHEIRO, in her official capacity as Greenlee County Recorder, RICHARD GARCIA, 1n his official capacity as La Paz County Recorder, ADRIAN FONTES, in his official capacity as Maricopa County

No. 20-16766 D.C. No. 2:20-cv-01143- DLR OPINION 4 ARIZONA DEMOCRATIC PARTY V. HOBBS

Recorder, KRISTI BLAIR, in her official capacity as Mohave County Recorder, MICHAEL SAMPLE, in his official capacity as Navajo County Recorder; F. ANN RODRIGUEZ, in her official capacity as Pima County Recorder, VIRGINIA ROSS, in her official capacity as Pinal County Recorder, SUZANNE SAINZ, 1n her official capacity as Santa Cruz County Recorder; LESLIE HOFFMAN, in her official capacity as Yavapai County Recorder; ROBYN POUQUETTE, in her official capacity as Yuma County Recorder, Defendants, STATE OF ARIZONA, Intervenor-Defendant.

Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding Argued and Submitted July 7, 2021 San Francisco, California Filed December 8, 2021 ARIZONA DEMOCRATIC PARTY V. HOBBS 5

Before: A. Wallace Tashima and Susan P. Graber, Circuit Judges, and Kathryn H. Vratil,* District Judge. Opinion by Judge Graber; Dissent by Judge Tashima

SUMMARY™

Voting Rights The panel vacated a permanent injunction entered by the district court, and remanded with instructions to enter judgment in favor of defendant Arizona officials, in an action brought by Democratic Party organizations challenging the election-day deadline for voters who neglect to sign the vote by mail ballot affidavit as a violation of the First and Fourteenth Amendments and as a denial of procedural due process. Arizona voters may vote by mail during the last four weeks of an election. To vote by mail, a voter must return a completed ballot in a specially provided, postage-paid envelope, and the voter must s