Washington Supreme Court – Vet Voice Foundation v. Hobbs Amicus Brief Filed

Vet Voice Foundation v. Hobbs – Amicus Brief, Washington Supreme Court

On September 16, the State Democracy Research Initiative submitted an amicus brief in Vet Voice Foundation v. Hobbs, a case pending before the Supreme Court of Washington. The brief is on behalf of eight legal scholars with nationally recognized expertise in state constitutional law and the law of democracy.

This case involves a state constitutional challenge to Washington’s absentee ballot signature matching requirement. Plaintiffs argue that this practice, which disenfranchises eligible voters and disproportionately results in the ballots of voters of color, young voters, first-time voters, and non-English speakers being thrown out, violates the Washington Constitution’s Due Process, Equal Protection, and Free and Equal Elections Clauses. The brief, filed in support of plaintiffs, urges the Washington Supreme Court to reject the federal Anderson-Burdick standard and apply heightened scrutiny to laws that impair the right to vote. The brief also explains the state courts around the country have adopted a standard of review that is more rigorous than their federal counterparts.

The group of legal scholars includes Richard Briffault (Columbia Law School), Jessica Bulman-Pozen (Columbia Law School), Helen Hershkoff (New York University School of Law), Miriam Seifter (University of Wisconsin Law School), Joshua S. Sellers (University of Texas School of Law), Justin Weinstein-Tull (Arizona State University College of Law) Robert F. Williams (Rutgers University School of Law), and Robert Yablon (University of Wisconsin Law School). Staff Attorney Emily Lau contributed to this brief.