Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182, 52 (1999)

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

Rehnquist, C. J., dissenting

specific to each paid circulator—the name, address, and amount paid to each. Important to the Court's decision is the idea that there is no risk of "quid pro quo" corruption when money is paid to ballot initiative circulators, and that paid circulators should not have to surrender the anonymity enjoyed by their volunteer counterparts. I disagree with this analysis because, under Colorado law, all petition circulators must surrender their anonymity under the affidavit requirement. Colorado law requires that each circulator must submit an affidavit which must include the circulator's "name, the address at which he or she resides, including the street name and number, the city or town, [and] the county." Colo. Rev. Stat. § 1-40-111(2) (1998). This affidavit requirement was upheld by the Tenth Circuit as not significantly burdening political expression, American Constitutional Law Foundation v. Meyer, 120 F. 3d 1092, 1099 (1997), and is relied upon by the Court in holding that the registered voter requirement is unconstitutional. See ante, at 196. The only additional piece of information for which the disclosure requirement asks is thus the amount paid to each circulator. Since even after today's decision the identity of the circulators as well as the total amount of money paid to circulators will be a matter of public record, see ante, at 201, I do not believe that this additional requirement is sufficient to invalidate the disclosure requirements as a whole. They serve substantial interests and are sufficiently narrowly tailored to satisfy the First Amendment.

IV

Because the Court's holding invalidates what I believe to be legitimate restrictions placed by Colorado on the petition circulation process, and because its reasoning calls into question a host of other regulations of both the candidate nomination and petition circulation process, I dissent.

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