Arizona Court of Appeals Tosses Voter Fraud Conviction

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In a notable unanimous opinion Arizona Court of Appeals vacated a voter fraud conviction. State v Hannah 1CA-CR14-0424 (July 28, 2015).

There, a Mohave County Arizona Grand Jury indicted Hannah for one count of illegal voting in violation of A.R.S. § 16-1061V(2) alleging that she “voted in the November 2, 2010 general election in both Mohave County Arizona and Adams County Colorado” Id.¶ 2. At trial, the state presented evidence that on October 18 Hannah sent in a mail in Ballot to Adams, Colorado County Clerk. She then also cast a ballot in person at the polling place in Mohave County Arizona, however, no single candidate or issue appeared on both the Colorado and Arizona Ballots. Id.

The Mohave County jury convicted Hannah of the voter fraud and she appealed. In reversing, the Court of Appeals held that although “the elections held in Arizona and Colorado November 2, 2010, although occurring on the same day, were separate and discrete elections, held in two different states.” Id. ¶8. As such, Hannah’s conviction was not supported by evidence and vacated.