Citizens in Charge

Today the U.S. Supreme Court refused to hear Arizona’s appeal on Brewer v Nader, (08-648).The high court has decided to let the decision stand nullifying the state residency requirement for petition circulators.

This case has a major impact for ballot initiative and referendum rights as well as third party candidates trying to get on the ballot.

Ballot Access News reported on the implications of the decision:

This means last year’s 9th circuit decision, won by Ralph Nader, is safe. The 9th circuit had struck down Arizona’s early June petition deadline for independent candidates. The 9th circuit had also struck down Arizona’s ban on out-of-state circulators.

In addition to Arizona, thirteen other states wanted the court to reverse the decision and continue residency restrictions. The states include: Alabama, Alaska, Colorado, Delaware, Florida, Idaho, Michigan, Montana, New Hampshire, Ohio, Oklahoma, South Dakota and Wyoming.

While state governments who advocate enforcement of residency restrictions feel the band ensures election integrity, many activists feel the law violates the First Amendment.

According to an AP article, Ralph Nader said:

“it’s unfair that independent candidates have a June deadline, when major party candidates aren’t decided until convention season begins in the fall.”

Nineteen states and the District of Columbia have adopted residency requirements for petition circulators.

Last month, Paul Jacob, President of Citizens in Charge Foundation, was awarded the Courage Under Fire Award by CPAC for his involvement in the battle against Oklahoma’s residency requirement. The state law was struck down in December 2008 by the Federal 10th Court of Appeals as unconstitutional.