Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182, 7 (1999)

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188

BUCKLEY v. AMERICAN CONSTITUTIONAL LAW FOUNDATION, INC.

Opinion of the Court

ACLF charged that the following prescriptions of Colorado's law governing initiative petitions violate the First Amend-ment's freedom of speech guarantee: (1) the requirement that petition circulators be at least 18 years old, Colo. Rev. Stat. § 1-40-112(1) (1998); 2 (2) the further requirement that they be registered voters, ibid.; 3 (3) the limitation of the petition circulation period to six months, § 1-40-108; 4 (4) the requirement that petition circulators wear identification badges stating their names, their status as "VOLUNTEER" or "PAID," and if the latter, the name and telephone number of their employer, § 1-40-112(2); 5 (5) the requirement that circulators attach to each petition section 6 an affidavit con-2 Section 1-40-112(1) provides: "No section of a petition for any initiative or referendum measure shall be circulated by any person who is not a registered elector and at least eighteen years of age at the time the section is circulated."

3 To be a registered voter, one must reside in Colorado. See § 1-2- 101(1)(b). ACLF did not challenge the residency requirement in this action.

4 Section 1-40-108(1) provides in relevant part: "No petition for any ballot issue shall be of any effect unless filed with the secretary of state within six months from the date that the titles, submission clause, and summary have been fixed and determined pursuant to the provisions of sections 1-40-106 and 1-40-107 . . . ."

5 Section 1-40-112(2) provides: "(a) All circulators who are not to be paid for circulating petitions concerning ballot issues shall display an identification badge that includes the words 'VOLUNTEER CIRCULATOR' in bold-faced type which is clearly legible and the circulator's name.

"(b) All circulators who are to be paid for circulating petitions concerning ballot issues shall display an identification badge that includes the words 'PAID CIRCULATOR' in bold-faced type which is clearly legible, the circulator's name, and the name and telephone number of the individual employing the circulator."

6 A petition section is a "bound compilation of initiative forms . . . which . . . include . . . a copy of the proposed [ballot] measure; . . . ruled lines numbered consecutively for registered electors' signatures; and a final page that contains the affidavit required by section 1-40-111(2)." § 1-40-102(6).

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