On March 15, several groups that desire to qualify initiatives for the ballot filed a lawsuit against several Colorado laws. The lawsuit attacks the requirement that initiative circulators live in Colorado. It also attacks a Colorado law that says circulators must attend a training class, and still another law that at least 80% of any pay to a circulator must not be connected to how many signatures the circulator obtains.
The case is Independence Institute v Buescher. Thanks to Paul Jacob for the news.
How many hoards of foreign and domestic folks crossing the borders of the various States having ballot initiatives ???
Justice Scalia asked the same question at oral argument in Buckley v American Constitutional Law Foundation in 1999. That case struck down a law saying Colorado circulators had to be registered voters in Colorado. Scalia asked, “How many of these election gypsies are there?”
I’m sure Justice Scalia and other dispassionate and reasonable justices would be satisfied with the simple answer:
As many as “free speech” can buy.
Richard: I wish you would post a piece listing all of the court rulings regarding residency requirements for petition circulators.
Is the Buckley in comment #2 ex-US Sen. James Buckley? If so, wasn’t he still a federal judge in 1999?
No, it was Victoria Buckley. She was the Colorado Secretary of State.
The 6th, 7th, 9th and 10th circuits have thrown out laws that bar out-of-state circulators. The 2nd and 3rd circuits have thrown out laws that require circulators for district office to live in the district.
On the other hand, the 8th circuit upheld a ban on out-of-state circulators in North Dakota, although that decision didn’t apply strict scrutiny, so it is disobedient to the US Supreme Court precedent on who can circulate. There is a case pending against Idaho’s ban on out-of-state circulators in US District Court that may get a ruling any day now. The Constitution Party is about to file a lawsuit against Kansas’ ban on out-of-state circulators.
1st Amdt part —
and to petition the Government for a redress of grievances. — NOT petitions for ballot access — too difficult for the party hack Supremes to detect.
When did ballot access petitions happen ???
Before or after *official* ballots happened circa 1888 ???
Invest in the travel expenses for those Asian hoards ??? — or perhaps even those hoards of subjects of the U.K. King/Queen — perhaps trying to retake control of the U.S.A. (1776 ex-colonies of the U.K. regime).
Is Independence Institute v. Buescher a federal suit?
Yes.