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A Big Legal Victory for Nader, Signature Gatherers

July 10, 2008 - 6:50am

The United States Court of Appeals for the Ninth Circuit has struck down Arizona's residency requirement for signature gatherers as unconstitutional. It's not a surprise--residency requirements have died judicial deaths elsewhere, most notably in Colorado -- but it's still a big victory for professional petition circulators.

The case was brought by Ralph Nader and had nothing to do with ballot initiatives. Nader, in his efforts to get on the 2004 Arizona ballot as a presidential candidate, was frustrated by the state's rules requiring residency by those gathering signatures and requiring candidates to submit their qualifying signatures 90 days before the election. But the ruling applies to signature gatherers whether they are working for candidates or ballot initiatives. So the greatest impact of the decision will be on the blockbuster democracy business. Most likely, this decision will reduce the cost of qualifying a measure for the ballot. An army of 10,000 California signature gatherers lives next door to Arizona. Now they will be able to collect signatures there without having to move there and register to vote. The full decision is here.

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