For Star subscribers: An Arizona law passed in 1991 allows anyone to request an early ballot, with no requirement to provide an excuse to vote early.
Howard Fischer PHOENIX — The Arizona Republican Party is making a last-ditch effort to get a court to do what lawmakers have so far refused: Kill on-demand early voting in the state.
"The Legislature must also enact procedures by which voters are unable to mark their ballots in the presence of others even if individual voters desire to waive the secrecy of their own ballots," Kolodin told the justices. Just six years after the state constitution — and its requirement for voting in secret was adopted — lawmakers allowed some people who could not get to the polls, mostly those in the military, an opportunity to vote early.
That same theme was repeated this past election, with both gubernatorial hopeful Kari Lake and Mark Finchem, running for secretary of state, suggesting that unrestricted mail-in voting was ripe for abuse.Kolodin had no better luck at the Court of Appeals which ruled earlier this year that there are sufficient safeguards built into Arizona law to ensure that each voter's choices are kept confidential as the Arizona Constitution requires.
Where that can't occur, he said, is at polling places, where individuals are protected by everything from a 75-foot perimeter to keep out those who are not voting to areas where they can fill out their ballots in secret, with no one looking over their shoulder to see who they support. And Kolodin said this state-mandated zone of protection — which by definition cannot occur when people fill out ballots elsewhere — is necessary.
"The Secrecy Clause's meaning is clear: When providing for voting by ballot or any other method, the legislature must uphold voters' ability to conceal their choices," she wrote."The constitution does not mandate any particular method for preserving secrecy in voting."She said the Legislature is"free to adopt the more stringent requirements" that the state GOP wants."But it is not constitutionally required to do so," Bailey said.
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