Nebraska Judge Promises Quick Ruling in Lawsuit on Circulator Residency Restriction

On December 21, U.S. District Court Judge Joseph Bataillon heard arguments in Bernbeck v Gale, 4:10-cv-3001.  The issues are various restrictions on who can circulate a petition, and how circulators may be paid.  See this story.  The judge promised to rule quickly.  Nebraska is in the 8th circuit, and the 8th circuit is the only circuit in which residency restrictions have been upheld, in the years since the U.S. Supreme Court first said petitioning is First Amendment activity.  The U.S. Supreme Court first said that in 1988, when it unanimously struck down a law banning paying circulators.


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