Judge Rejects Motion to Bar Group From Monitoring Arizona Ballot Drop Boxes

Saying that it would infringe on "core constitutional rights," a federal judge rejected a request on Friday to prohibit a group that wants to monitor ballot drop boxes in Arizona's Maricopa County, according to The Hill.

U.S. District Court Judge Michael Liburdi ruled against plaintiffs Arizona Alliance for Retired Americans and Voto Latino, saying the groups failed to make their case against defendant Clean Elections USA.

"Plaintiffs have not provided the Court with any evidence that Defendants' conduct constitutes a true threat," the judge wrote. "On this record, Defendants have not made any statements threatening to commit acts of unlawful violence to a particular individual or group of individuals."

Liburdi also removed Voto Latino from the case, saying the group did not have standing to bring the lawsuit, and said the case remained open, according to the Bozeman Daily Chronicle.

The groups claimed that members of Clean Elections USA have violated the Voting Rights Act and the Ku Klux Klan Act and would intimidate voters.

The Daily Chronicle reports that the Arizona Alliance for Retired Americans said it was disappointed in the judge's ruling.

"We continue to believe that Clean Elections USA's intimidation and harassment is unlawful," it said, shortly before filing an appeal.

The Voting Rights Act states that no one can "intimidate, threaten or coerce" anyone who is voting or trying to vote. Liburdi said in his ruling that any definition of intimidation needs to take constitutional rights into account and that Clean Elections USA's intended conduct is protected by the First Amendment.

The judge concluded that "while this case certainly presents serious questions, the Court cannot craft an injunction without violating the First Amendment."

The Ku Klux Klan Act prohibits conspiracies that "interfere with federal elections." The plaintiff must prove, however, that a conspiracy exists and that its intent is to threaten, intimidate or force someone who is engaging in voting-related activity.

Liburdi found that the Arizona Alliance did not demonstrate that Clean Elections USA plans to prevent lawful voting and said the defendant has stated that it only wants to discourage unlawful voting and ballot harvesting.

Clean Elections USA was founded by Melody Jennings after she watched the Dinesh D'Souza film "2000 Mules," which ostensibly revealed widespread voter fraud in the 2020 election.

Clean Elections USA mobilized to observe two early voting ballot boxes in Maricopa County, which was key to President Joe Biden's victory in the state. Arizona Republicans launched a ballot audit in the county following the 2020 election, which eventually confirmed Biden's win.

• Arizona Woman Admits Guilt in Ballot Collection Scheme
• Poll: 2 in 5 US Voters Fear Intimidation at Polls