Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182, 30 (1999)

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Cite as: 525 U. S. 182 (1999)

Thomas, J., concurring in judgment

for the ballot. Id., at 422-423. I see no reason to revisit our earlier conclusion. The aim of a petition is to secure political change, and the First Amendment, by way of the Fourteenth Amendment, guards against the State's efforts to restrict free discussions about matters of public concern.3

Colorado primarily defends its registration requirement on the ground that it ensures that petition circulators are residents, which permits the State to more effectively enforce its election laws against those who violate them.4 The Tenth Circuit assumed, and so do I, that the State has a compelling interest in ensuring that all circulators are residents. Even so, it is clear, as the Court of Appeals decided, that the registration requirement is not narrowly tailored. A large number of Colorado's residents are not registered voters, as the majority points out, ante, at 193, and the State's asserted interest could be more precisely achieved through a residency requirement.5

3 There is anecdotal evidence in the briefs that circulators do not discuss the merits of a proposed change by initiative in any great depth. Indeed, National Voter Outreach, Inc., an amicus curiae in support of respondents and, according to its statement of interest, the largest organizer of paid petition circulation drives in the United States, describes most conversations between circulator and prospective petition signer as "brief." Brief for National Voter Outreach, Inc., as Amicus Curiae 21. It gives an example of the typical conversation: " 'Here, sign this. It will really [tick off California Governor] Pete Wilson.' " Id., at 21, n. 17. In my view, the level of scrutiny cannot turn on the content or sophistication of a political message. Cf. Colorado Republican Federal Campaign Comm. v. Federal Election Comm'n, 518 U. S. 604, 640 (1996) ("Even a pure message of support, unadorned with reasons, is valuable to the democratic process").

4 Colorado's law requires that petition circulators be registered electors, Colo. Rev. Stat. § 1-40-112(1) (1998), and while one must reside in Colorado in order to be a registered voter, § 1-2-101(1)(b), Colorado does not have a separate residency requirement for petition circulators at this time.

5 Whatever the merit of the views expressed by The Chief Justice, post, at 227, 230 (dissenting opinion), the State did little more than mention in passing that it had an interest in having its own voters decide what issues should go on the ballot. See Brief for Petitioner 31.

211

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