Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182, 44 (1999)

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

Opinion of OTMConnor, J.

this period that the need to deter fraud and to inform the public of the forces motivating initiative petitions "is likely to be at its peak . . . ; [this] is the time when improper influences are most likely to be brought to light." Buckley v. Valeo, supra, at 68, n. 82. Accordingly, the monthly reports, which are disseminated during the circulation period and are available to the press, see Brief for Petitioner 44, uniquely advance Colorado's interests. The affidavit requirement is not an effective substitute because the affidavits are not completed until after all signatures have been collected and thus after the time that the information is needed. See Colo. Rev. Stat. § 1-40-111(2) (1998) ("Any signature added to a section of a petition after the affidavit has been executed shall be invalid"). In addition, the public's access to the affidavits is generally more restricted than its access to monthly disclosure reports, for as the District Court found, the public will have "greater difficulty in finding [the] names and addresses [of petition circulators] in the masses of papers filed with the petitions as compared with the monthly reports." 870 F. Supp., at 1004.

To be sure, Colorado requires disclosure of financial information about only paid circulators. But, contrary to the Court's assumption, see ante, at 203-204, this targeted disclosure is permissible because the record suggests that paid circulators are more likely to commit fraud and gather false signatures than other circulators. The existence of occasional fraud in Colorado's petitioning process is documented in the record. See 2 Tr. 197-198 (testimony of retired FBI agent Theodore P. Rosack); id., at 102, 104-116 (testimony of Donetta Davidson). An elections officer for the State of Colorado testified that only paid circulators have been involved in recent fraudulent activity, see id., at 150-151 and 161 (testimony of Donetta Davidson); see also id., at 197-198 (testimony of Theodore P. Rosack) (describing recent investigation of fraud in which only paid circulators were implicated). Likewise, respondent William C. Orr, the executive

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