Prima facie case - voter suppression. [Editor's note: For the applicability of this section on or after January 1, 2026, see the editor's note following the article 47 heading.]

1-47-204. Prima facie case - voter suppression. [Editor's note: For the applicability of this section on or after January 1, 2026, see the editor's note following the article 47 heading.] (1) (a) An aggrieved person or the attorney general bringing a civil action against a political subdivision pursuant to section 1-47-201 that alleges a violation of section 1-47-105 establishes a prima facie case of voter suppression if the person shows, by a preponderance of the evidence, that the challenged action results in, will result in, or is intended to result in a material disparity between members of a protected class and other eligible electors in regard to voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process. (b) If the aggrieved person or the attorney general establishes a prima facie case of voter suppression as described in subsection (1)(a) of this section, the burden shifts to the political subdivision to demonstrate by clear and convincing evidence that the challenged action is necessary to further an important, particularized governmental interest. (c) If the political subdivision meets its burden as described in subsection (1)(b) of this section, the challenged action may nonetheless be held invalid if the aggrieved person or the attorney general demonstrates by a preponderance of the evidence that the political subdivision could comparably further the identified important, particularized governmental interest through an alternative policy that results in a smaller disparity between members of a protected class and other eligible electors. Source: L. 2025: Entire article added, (SB 25-001), ch. 178, p. 754, � 11, effective August 6.