California strikes down residency requirement on petition circulators
January 16th, 2008 by KathleenThe California State Court of Appeals today ruled unconstitutional a state law that makes it illegal to circulate a petition for a city initiative or referendum unless that circulator lives in that jurisdiction.
The decision says that a contrary decision from 1994 which upheld the law is no longer good law, given the 1999 U.S. Supreme Court decision—Buckley v American Constitutional Law Foundation—that struck down a Colorado law requiring circulators to be registered voters.
This is, indeed, good news, as the Buckley v American Constitutional Law Foundation decision should apply as well to Oklahoma’s residency requirement, currently being challenged by “Yes on Term Limits” in the 10th Circuit Court of Appeals in Denver.
Read the full court opinion.
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