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California Victory on Who May Circulate a Petition

Published on January 16, 2008, by in General.

On January 16, the California State Court of Appeals ruled unconstitutional a state law that makes it illegal for people to circulate a city initiative or referendum, unless that circulator lives in that particular city. Preserve Shorecliff Homeowners v City of San Clemente, G038649. The vote was 3-0.

The decision says that a contrary decision from 1994 which upheld the law, Browne v Russell, is no longer good law, given the 1999 U.S. Supreme Court decision that struck down a Colorado law that said circulators must be registered voters. That decision was Buckley v American Constitutional Law Foundation. Thanks to Fred Woocher (the attorney who won this case) for this news.

One Response

  1. Andy

    Whoohoo! A victory for free speech, petition rights, and ballot access!

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