New York Ban on Out-of-State Circulators Struck Down

On May 18, the New York state ban on out-of-state circulators was declared unconstitutional. Here is the 25-page decision in Free Libertarian Party v Spano, e.d. 1:16cv-3054. The case was originally called Merced v Spano and had been filed in 2016.

The state tried to argue that the ban on out-of-state circulators was not severe, because the Libertarian Party had successfully petitioned in New York many times in the past. But the decision says, “The Supreme Court has refused to overlook an unconstitutional restriction upon some First Amendment activity simply because it leaves other First Amendment activity unimpaired.” That quote was from California Democratic Party v Jones, the 2000 decision that struck down California’s blanket primary.

The decision is by Magistrate Judge Steven M. Gold, a Clinton appointee. One of the plaintiffs was Bill Redpath, a Virginia resident who frequently acts as a volunteer petitioner for Libertarian Party candidates in many states.


Comments

New York Ban on Out-of-State Circulators Struck Down — 1 Comment

  1. Each of the States in the *United* *STATES* of America is an INDEPENDENT SOVEREIGN NATION-STATE —

    1776 Declaration of Independence, last paragraph.

    1777 Articles of Confederation

    1783 U.S.A.-British Peace Treaty

    1787 U.S.A. Const. Art. VII – *establishment of this Constitution between the States so ratifying the same.*

    States PLURAL in all 4 documents.
    —-
    Internal politics for internal residents.

    One more perversion case re 1 Amdt.

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