Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182, 9 (1999)

Page:   Index   Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

190

BUCKLEY v. AMERICAN CONSTITUTIONAL LAW FOUNDATION, INC.

Opinion of the Court

The District Court, after a bench trial,9 struck down the badge requirement and portions of the disclosure requirements, but upheld the age and affidavit requirements and the six-month limit on petition circulation. See American Constitutional Law Foundation, Inc. v. Meyer, 870 F. Supp. 995, 1001-1004 (Colo. 1994). The District Court also found that the registration requirement "limits the number of persons available to circulate . . . and, accordingly, restricts core political speech." Id., at 1002. Nevertheless, that court upheld the registration requirement. In 1980, the District Court noted, the registration requirement had been adopted by Colorado's voters as a constitutional amendment. See ibid. For that reason, the District Court believed, the restriction was "not subject to any level of scrutiny." Ibid.

The Court of Appeals affirmed in part and reversed in part. See 120 F. 3d 1092 (CA10 1997). That court properly sought guidance from our recent decisions on ballot access, see, e. g., Timmons v. Twin Cities Area New Party, 520 U. S. 351 (1997), and on handbill distribution, see McIntyre v. Ohio Elections Comm'n, 514 U. S. 334 (1995). See 120 F. 3d, at 1097, 1103. Initiative-petition circulators, the Tenth Circuit recognized, resemble handbill distributors, in that both seek

amount paid to each circulator. The filing shall be made at the same time the petition is filed with the secretary of state. . . .

"(2) The proponents of the petition shall sign and file monthly reports with the secretary of state, due ten days after the last day of each month in which petitions are circulated on behalf of the proponents by paid circulators. Monthly reports shall set forth the following:

"(a) The names of the proponents; "(b) The name and the residential and business addresses of each of the paid circulators;

"(c) The name of the proposed ballot measure for which petitions are being circulated by paid circulators; and

"(d) The amount of money paid and owed to each paid circulator for petition circulation during the month in question."

9 The record included evidence submitted in support of cross-motions for summary judgment and at a bench trial. See American Constitutional Law Foundation, Inc. v. Meyer, 870 F. Supp. 995, 997 (Colo. 1994).

Page:   Index   Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: October 4, 2007