PHOENIX โ Federal judges are giving Democrats one more chance to convince them that people who cast their ballots in the wrong polling place should have their votes counted anyway.
In a brief order this morning, the full 9th U.S. Circuit Court of Appeals agreed to review a decision by a three-judge panel saying there is nothing illegally discriminatory about the practice of state election officials of discarding ballots of people who are not signed up to vote at that specific location. The order gave no reason for the decision to take a second look.
It also did not set a timetable for making a decision. And one has to be made before polls close at 7 p.m. Tuesday.
This morning's order is at least a temporary victory for Democrats who contend that minorities are more likely to be disenfranchised by showing up at a polling place other than the one assigned to the precinct where they live.
But Judge Carlos Bea, writing for the majority in the 2-1 ruling earlier this week, said none of that is evidence of illegal discrimination.