Laws governing petition circulators

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The initiative states regulate petition circulators in a variety of ways. These include:

  • Residency requirements
  • Age requirements
  • Requiring circulators to disclose whether they are paid or volunteer circulators.
  • Requiring the circulator to personally witness each act of signing the petition.
  • Bans on payment of petitioners per signature.

Restrictions on laws governing petition circulators are an active area of litigation.

Residency and Age Requirements

For residence requirements, see Residency requirements for petition circulators

In the 1999 U.S. Supreme Court case Buckley v. American Constitutional Law Foundation, the Supreme Court upheld the right of Colorado to impose an age restriction on petition circulators.

More than half of the 24 I&R states require that petition circulators be eligible to vote in the state. The requirement that a circulator be eligible to vote also has the consequence that the circulator be at least 18. In states where there is no eligibility requirement, people who are under 18 are allowed to circulate petitions.

Disclosing Paid Status

Seven states require circulators to disclose whether they are a paid or a volunteer circulator to potential petition signers. These states are Arizona, California, Nebraska, Ohio, Oregon and Wyoming--all of which require that a prominent notice be placed on the petition form stating whether the circulator is paid or volunteer--and Missouri, where the circulator must file an affidavit with the Missouri Secretary of State.

Identification badges

In Buckley v. American Constitutional Law Foundation, the U.S. Supreme Court invalidated a Colorado law that required circulators to wear a badge disclosing their name and status. in its decision, the court wrote:

District Court found from evidence ACLF presented that compelling circulators to wear identification badges inhibits participation in the petitioning process.

See Badge requirements.

Witness and Affidavit Requirements

Eighteen of the 24 initiative states require that circulators must personally witness each petition signature and sign an oath or affidavit stating that he or she personally witnesses the signing of the signature. States with these requirements include Alaska, Arizona, Arkansas, California, Colorado, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington and Wyoming.

In Florida, the law specifically says that petitions may be signed outside the presence of a circulator:

Bans on payment-per-signature

In three states--North Dakota, Oregon and Wyoming--initiative sponsors are banned from paying petition circulators per signature. Instead, they may pay a flat fee or an hourly salary. These laws have been challenged in the courts with mixed results.

North Dakota's law was upheld by the 8th circuit court in the case of Initiative & Referendum Institute v. Jaeger. Oregon's law was upheld in 2005 by a federal district judge in the case of Prete v. Bradbury.

Similar provisions in Idaho, Maine, Mississippi, Ohio and Washington, however, have been struck down as unconstitutional in federal district courts.

In 2007, legislative proposals to prohibit paying circulators by the signature were introduced in Nebraska and Washington.

See also

See also

External links