Ninth Circuit Sets Hearing in Alaska Case on Out-of-State Circulators

The Ninth Circuit will hear Raymond v Fenumiai, 13-35090, on June 2. This is the case over Alaska’s ban on out-of-state circulators for initiative petitions. The U.S. District Court had ruled that the petitioner-plaintiff, who lives in Wisconsin, doesn’t have standing. The U.S. District Court said that the petitioner should have indicated a particular initiative he wants to work on in Alaska, instead of just complaining in general that he is not permitted to work on Alaska initiatives.

If the Ninth Circuit reverses the U.S. District Court on standing, it would then probably send the case back to the U.S. District Court for a decision on the main issue. The Ninth Circuit has already struck down bans on out-of-state circulators, in Nader v Brewer in 2008, so there is little doubt that the ban will fall if the standing problem can be overcome.

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