New test for Arizona rule nixing ballots cast at wrong place

PHOENIX – A federal appeals court will reconsider a ruling by a panel of its judges who refused to order ballots be counted if Arizona voters go to the wrong polling place to cast them.

Friday’s order from the 9th U.S. Circuit Court of Appeals sets the stage for a larger panel of 11 judges to hear the case again.

It’s a win for the state and national Democratic parties, who say Arizona throws out more ballots cast at incorrect polling locations than any other state and that minorities are more likely to be affected.

A split three-judge panel turned away a legal challenge from Democrats earlier this week, agreeing with a lower-court judge that Arizona has valid reasons not to count such votes and that there’s no sign of discrimination.