Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182, 37 (1999)

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218

BUCKLEY v. AMERICAN CONSTITUTIONAL LAW FOUNDATION, INC.

Opinion of OTMConnor, J.

requirement). As The Chief Justice observes, Colorado's registration requirement parallels the requirements in place in at least 19 States and the District of Columbia that candidate petition circulators be electors, see post, at 232, and the requirement of many States that candidates certify that they are registered voters.* Like these regulations, the registration requirement is a neutral qualification for participation in the petitioning process.

When one views the registration requirement as a neutral qualification, it becomes apparent that the requirement only indirectly and incidentally burdens the communicative aspects of petition circulation. By its terms, the requirement does not directly prohibit otherwise qualified initiative petition circulators from circulating petitions. Cf. Rosario v. Rockefeller, supra, at 758 (holding that time limits on enrollment in political parties did not violate the right of association because individuals were not prohibited from enrolling in parties). Moreover, as The Chief Justice illustrates in his dissent, this requirement can be satisfied quite easily. See post, at 228. The requirement, indeed, has been in effect in Colorado since 1980, see American Constitutional Law Foundation, Inc. v. Meyer, 870 F. Supp. 995, 999 (Colo. 1994), with no apparent impact on the ability of groups to circulate petitions, see 2 Tr. 159 (testimony of Donetta Davidson that the number of initiative proposals placed on the ballot has increased over the past few years).

In this way, the registration requirement differs from the statute held unconstitutional in Meyer. There, we reviewed a statute that made it unlawful to pay petition circulators, see Meyer v. Grant, 486 U. S., at 417, and held that the statute directly regulated and substantially burdened speech by

*See, e. g., Va. Const., Art. V, § 3; Cal. Elec. Code Ann. § 201 (West Special Pamphlet 1996); Ind. Stat. Ann. § 3-8-5-14 (1998); Mass. Gen. Laws Ann., ch. 53, § 9 (West Supp. 1998); Nev. Rev. Stat. Ann. § 293.180 (1997); N. H. Rev. Stat. Ann. § 655:28 (1996); N. J. Stat. Ann. § 40:45-8 (West 1991); N. C. Gen. Stat. § 163-323 (Supp. 1997); Okla. Stat., Tit. 26, § 5-111 (1997).

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