This court case could decide one of the must-win swing states of 2024

13 December 2023

The Electoral College majority in the 2024 presidential election may be decided by just tens of thousands of ballots cast among a handful of swing states. And one lesser-known court case in Arizona could potentially decide which party will carry the state's 11 electoral votes next November.

Arizona Public Radio reported this week that the White Mountain Apache and Carlos Mountain Apache tribes have filed a motion to intervene in the ongoing Arizona Free Enterprise Club v. Fontes case being heard in Yavapai County Superior Court. That case could result in ballot drop boxes being made illegal in Arizona, which Native Americans say would greatly impact their ability to vote in next year's election.

"Enrolled Tribal members of the two Tribes have relied upon on-reservation ballot drop boxes to vote," the motion read. "The removal of drop boxes across Arizona as sought by Plaintiffs would negatively and severely impact Proposed Tribal Intervenors by furthering their disenfranchisement from the right to vote."

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The Arizona Republic reported that 2020 marked the first election in which Native Americans were able to vote with the help of ballot drop boxes. According to Arizona Public Radio, voters in the Navajo Nation — which numbers approximately 67,000 — had to travel roughly 400 miles to vote in-person for the 2018 midterm and Arizona statewide elections. And even though many Arizonans vote by mail, Native American reservations often don't have convenient mail delivery options for residents, making ballot drop boxes that much more critical.

"Native American voters must travel incredibly long distances not just to vote, but also to access mail services. Mail is not delivered to homes in our community," San Carlos Apache chairman Terry Rambler stated. "Drop boxes are essential to decrease the distances tribal members must travel to deliver a ballot."

Arizona was one of the closest contests in the 2020 presidential election, with Joe Biden winning the state by less than 11,000 total votes. That margin roughly mirrors Biden's margin over then-President Donald Trump in Apache County, with CNN's count showing Biden carrying that county with 23,293 votes to Trump's 11,442.

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