Libertarians File Brief in 9th Circuit Against California Residency Requirement for Circulators

On August 8, the Los Angeles County Libertarian Party filed this brief in the 9th circuit, in the case that challenges California election laws that make it illegal for anyone to circulate a petition to place a candidate on the ballot if the circulator doesn’t live in the district. The case is Libertarian Party of Los Angeles County v Bowen, 11-55316.

The U.S. District Court had ruled last year that the plaintiffs lack standing because the Secretary of State said in court papers that she doesn’t enforce the law. However, she continues to mention the requirement on her web page, implying that she does enforce it. Her web page has a footnote that says she does not enforce the part of the California Constitution that requires candidates for the legislature to have lived in the district for a year before the election. A reasonable person would assume that any election law that she mentions on that web page, which doesn’t have a similar footnote, is enforced. Furthermore, a new Secretary of State might change the policy.


Comments

Libertarians File Brief in 9th Circuit Against California Residency Requirement for Circulators — No Comments

  1. The LAW is the LAW — until it is repealed or a final court rules it to be UN-constitutional.

    Each State is a sovereign nation-state.

    Elector-voters in each election area.

    EVERY body else is a political alien from another universe.

    Way too difficult for the MORON courts to understand.

  2. Richard Winger

    I do not believe a reasonable should assume that any election law Bowen does not place fn’s on Website and
    not enforceable.

    You are starting to sound like Gary Odom! He told me that
    the State Central Committee did not have to meet in Sacramento County, because Bowen would not enforce that
    law. Then Jim King’s Brewtown lawyer claimed the 2006
    convenntion was no good, because it was not in the City of
    Sacramento.

    The law is the law, a reasonable peerson should expect the
    SOS to enforce the CA Election Code.

    Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party

  3. Debra Bowen’s briefs to the court say she doesn’t enforce the law. The problem is, how is anyone supposed to know that?

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