FAN 19.3 (First Amendment News) 9th Cir. Strikes California Requirement of Initiative-Proponent Identification on Initiative Petitions
Earlier today the U.S. Court of Appeals for the Ninth Circuit held unconstitutional California’s requirement that ballot initiative petition forms identify the official initiative proponents. This follows court opinions allowing anonymity at the point of petition circulation.
The opinion in Chula Vista Citizens for Jobs v. Norriscan be found here.
Opinion by Judge O’Scannlain, in which Judge Graber joins, except as to Part IV, and in which Judge Bea joins, except as to Part III. Judge Graber filed an opinion dissenting as to Part IV. Judge Bea filed an opinion concurring as to Part III.
→ Prevailing Counsel: James Bopp, Jr. for the Plaintiff-Appellant.
→ Prediction: Professor Richard Hasen (on Election Law Blog): “I expect this issue will go en banc and perhaps to the Supreme Court—with a decent chance of reversal.”