Battleground State Litigation: Arizona

BATTLEGROUND STATE LITIGATION: ARIZONA

Roy Herrera is a Phoenix-based member of Ballard Spahr’s a long time. What was something Government Relations and Public Policy and White Collar Defense/ of a surprise was the amount. Seven Internal Investigations groups. Before joining the firm, he served as an lawsuits was more than we were thinking. And the lack of merit in Assistant U.S. Attorney for the U.S. Department of Justice and on the these cases was surprising.” legislative staff of former U.S. Representative Ed Pastor of Arizona. Here, he spoke about the election litigation matters he’s handled in So, you’re 7-0 on behalf of the Arizona and whether the behavior of Latino voters this election cycle is Biden campaign, and none of these a bellwether for elections to come. lawsuits have panned out the way plaintiffs had hoped. What do you First, congratulations on your win You’ve been involved in Arizona take from that? at the Arizona Supreme Court. How politics for almost your whole “Nationwide, there has been would you describe that matter? career. Did the spate of litigation an unprecedented amount of following the election come as a “We have represented the Biden election litigation, and when I say surprise? campaign as election counsel in unprecedented, I really mean that. Arizona for several months. Since the “It wasn’t a surprise in that the Biden I’ve been doing election work for election, we have seen a total of seven legal team, nationally and in the a long time, and we’ve never seen lawsuits in the state. Those lawsuits swing states, had been preparing for this – especially with regard to have all been brought by the Trump months for the possibility that there litigation lacking evidence. They’ve campaign or the Arizona Republican would be lawsuits, in particular ones been borderline frivolous, I would party of their allies, and they have challenging early voting and voting say. If there’s one thing you can take generally challenged the way that by mail. So, we’d been preparing for from this, it’s that we generally have we count votes here, or our overall election procedures. In all of them, we have won. We have either won after Nationwide, there has been an unprecedented amount a trial, or have won by getting our motions to dismiss granted, or have of election litigation, and when I say unprecedented, I won when the plaintiffs withdrew really mean that. I’ve been doing election work for a long their suit. This particular lawsuit was time, and we’ve never seen this – especially with regard to a challenge to Arizona certifying its litigation lacking evidence...If there’s one thing you can election results for Biden. We won take from this, it’s that we generally have a really solid after a trial on Thursday and Friday of last week.” voting system in most jurisdictions. There has never been evidence of widespread fraud. a really solid voting system in most to protect their interests. I think authority on the ways Latino voters jurisdictions. There has never been that’s going to be the new normal. behave politically. What’s your take evidence of widespread fraud.” If each side is using litigation to on the 2020 Latino vote? protect its interest and is doing so “I’d like to believe that we won’t “What I take from that, and this has in good faith, then certainly, that’s see this happen again. I’d like to been said many times and I believe what you’re allowed to do under our believe that this isn’t the start of it, is that the Latino community system of law. If what you’re trying a trend. Whether that’s the case is not a monolith. There are many to do is use litigation to undermine depends on whether there will be any communities within the larger Latino the underpinnings of our democracy, repercussions for the attorneys who community, and they have different like calling into question whether we brought these lawsuits. If attorneys’ goals, different ideals, different have free and fair elections, that’s not fees aren’t awarded, or bar associations loyalties. If you’re a candidate and so good. We don’t have to agree on don’t take action, there will continue you’re seeking Latino support, you’re all things, but we should all at least to be an incentive to bring this kind going to have to be more specific agree that we have a robust election of lawsuits. If that doesn’t happen, I about whom you’re asking and what process.” think we might start to see this after you’re asking for. One size doesn’t fit elections, maybe even every time.” A lot of attention was paid to all. You can’t assume that you’re going to get Latinos across the board with “We’re facing this era of extreme Latino voters this election cycle, one message. You’re going to need partisanship, which is unfortunate, in particular how more supported more than one message.” and I think it’s just going to grow. Republicans than some people Each side continues to use litigation expected. You’re regarded as an