Knox v. Brnovich, No. 18-16613 (9th Cir. 2018)Annotate this Case
The Ninth Circuit affirmed the district court's denial of a preliminary injunction and its bench trial judgment in an action facially challenging HB 2023, Arizona's 2016 election law prohibiting certain persons from collecting voters' early mail ballots. A person who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 felony under HB 2023.
The panel held that H.B. 2023 was not preempted by federal laws regulating the United States Postal Service, did not violate the First Amendment's protection of speech by implicating the First Amendment rights of ballot collectors, and was not an unconstitutionally vague criminal statute where it did not violate either the fair notice or the arbitrary enforcement requirements.