buckley secretary state colorado american constitutional law foundation et argued october decided january colorado allows citizens make laws directly initiatives placed election ballots complaint federal action challenged six state many controls process american constitutional law foundation several individuals collectively aclf charged following prescriptions colorado law governing initiative petitions violate first amendment freedom speech guarantee requirement petition circulators least years old rev stat requirement registered voters ibid limitation petition circulation period six months requirement petition circulators wear identification badges stating names status volunteer paid latter name telephone number employer requirement circulators attach petition section affidavit containing inter alia circulator name address requirements initiative proponents disclose time file petition name address county voter registration paid circulators amount money proponents paid per petition signature total amount paid circulator monthly basis names proponents name address paid circulator name proposed ballot measure amount money paid owed circulator month district struck badge requirement portions disclosure requirements upheld age affidavit registration requirements limit petition circulation tenth circuit affirmed part reversed part properly sought guidance recent decisions ballot access see timmons twin cities area new party distribution see mcintyre ohio elections tenth circuit upheld reasonable regulations process age restriction limit petition circulation affidavit requirement struck requirement petition circulators registered voters also held portions badge disclosure requirements invalid trenching unnecessarily improperly political expression agreed review appeals dispositions concerning registration badge disclosure requirements see precedent guides review meyer grant struck colorado prohibition payment circulation petitions concluding petition circulation core political speech first amendment protection zenith also recognized however must substantial regulation elections fair honest sort order accompany democratic processes storer brown see timmons anderson celebrezze held tenth circuit correctly separated necessary proper ballot access controls restrictions unjustifiably inhibit circulation petitions pp considerable leeway protect integrity reliability process respect election processes generally test separate valid provisions invalid interactive speech restrictions come upon substitute hard judgments must made storer first amendment requires vigilance making judgments guard undue hindrances political conversations exchange ideas see meyer satisfied meyer restrictions question significantly inhibit communication voters proposed political change warranted state interests administrative efficiency fraud detection informing voters alleged justify restrictions judgment informed means colorado employs accomplish regulatory purposes pp beyond question colorado registration requirement drastically reduces number persons volunteer paid available circulate petitions requirement produces speech diminution kind produced ban paid circulators issue meyer provisions limi number voices convey initiative proponents message consequently cut size audience proponents reach meyer ease qualified voters may register vote lift burden speech petition circulation time individuals trial record shows choice register implicates political thought expression state strong interest policing lawbreakers among petition circulators ensuring circulators amenable secretary state subpoena power served requirement upheld circulator submit affidavit setting among several particulars address aclf challenge colorado right require circulators residents requirement precisely achieves state subpoena service objective assuming residence requirement upheld needful measure question like tenth circuit occasion decide parties placed matter residence issue added registration requirement warranted pp tenth circuit held badge requirement invalid insofar requires circulators display names district found evidence aclf presented compelling circulators wear identification badges inhibits participation petitioning process colorado interest enabling public identify state apprehend petition circulators engage misconduct addressed requirement circulators disclose names addresses affidavits submitted petition section unlike name badge worn time circulator soliciting signatures affidavit separated moment circulator speaks reaction message immediate may intense emotional unreasoned badge requirement compels personal name identification precise moment circulator interest anonymity greatest qualify inclusion among limited election process identification requirement alluded mcintyre like tenth circuit expresses opinion constitutionality additional requirements badge disclose whether circulator paid volunteer paid pp tenth circuit invalidated requirement proponents file final report initiative petition submitted insofar requirement compels disclosure paid circulator name address total amount paid circulator also rejected compelled disclosure monthly reports name address paid circulator amount money paid owed circulator month question ruling disclosure requirements appeals looked primarily decision buckley valeo buckley stated exacting scrutiny necessary compelled disclosure payments issue nevertheless upheld substantially related important governmental interests reporting disclosure provisions federal election campaign act mindful buckley tenth circuit upset colorado disclosure requirements whole notably appeals upheld state requirements disclosure payors particular proponents names total amount spent collect signatures petitions disclosure names initiative sponsors amounts spent gather support initiatives responds colorado substantial interest controlling domination initiative process affluent special interest groups added benefit revealing names paid circulators amounts paid circulator lower courts fairly determined record whole demonstrated expresses opinion whether monthly report prescriptions regarding tenth circuit identified infirmity standing alone survive review pp less problematic measures colorado meet state substantial interest regulating process deter fraud diminish corruption colorado retains arsenal safeguards inform public source funding ballot initiatives state legitimately requires sponsors ballot initiatives disclose pays petition circulators much ensure grass roots support colorado conditions placement initiative proposal ballot proponent submission valid signatures representing five percent total votes cast candidates secretary state previous general election furthermore aid efficiency veracity clarity colorado provided array process measures contested aclf affirmed ginsburg delivered opinion stevens scalia kennedy souter joined thomas filed opinion concurring judgment filed opinion concurring judgment part dissenting part breyer joined rehnquist filed dissenting opinion victoria buckley secretary state colorado petitioner american tional law foundation et al writ certiorari appeals tenth circuit january justice ginsburg delivered opinion colorado allows citizens make laws directly initiatives placed election ballots see colo art rev stat review case three conditions colorado places process requirement circulators registered voters rev stat requirement wear identification badge bearing circulator name requirement proponents initiative report names addresses paid circulators amount paid circulator precedent guides review meyer grant struck colorado prohibition payment circulation petitions petition circulation held core political speech involves interactive communication concerning political change internal quotation marks omitted first amendment protection interaction agreed zenith internal quotation marks omitted also recognized however must substantial regulation elections fair honest sort order rather chaos accompany democratic processes storer brown see timmons twin cities area new party anderson celebrezze taking careful account guides appeals tenth circuit upheld state regulations found three controls issue excessively restrictive political speech therefore declared invalid american constitutional law foundation meyer granted certiorari affirm judgment complaint action filed district district colorado pursuant challenged six colorado many controls process plaintiffs respondents included american constitutional law foundation nonprofit public interest organization supports direct democracy several individual participants colorado initiative process opinion refer collectively aclf aclf charged following prescriptions colorado law governing initiative petitions violate first amendment freedom speech guarantee requirement petition circulators least years old rev stat requirement registered voters ibid limitation petition circulation period six months requirement petition circulators wear identification badges stating names status volunteer paid latter name telephone number employer requirement circulators attach petition section affidavit containing inter alia circulator name address statement read understands laws governing circulation petitions requirements initiative proponents disclose time file petition name address county voter registration paid circulators amount money proponents paid per petition signature total amount paid circulator monthly basis names proponents name address paid circulator name proposed ballot measure amount money paid owed circulator month district bench trial struck badge requirement portions disclosure requirements upheld age affidavit requirements limit petition circulation see american constitutional law foundation meyer supp district also found registration requirement limits number persons available circulate accordingly restricts core political speech nevertheless upheld registration requirement district noted registration requirement adopted colorado voters constitutional amendment see ibid reason district believed restriction subject level scrutiny ibid appeals affirmed part reversed part see properly sought guidance recent decisions ballot access see timmons twin cities area new party handbill distribution see mcintyre ohio elections see circulators tenth circuit recognized resemble handbill distributors seek promote public support particular issue position see circulators also resemble signature gatherers however seek ballot access common district tenth circuit upheld reasonable regulations process age restriction limit petition circulation affidavit requirement see appeals struck requirement petition circulators registered voters also held portions badge disclosure requirements invalid trenching unnecessarily improperly political expression see ii tenth circuit recognized upholding age restriction limit circulation affidavit requirement allowing ballot initiatives considerable leeway protect integrity reliability initiative process respect election processes generally see biddulph mortham upholding single subject unambiguous title requirements initiative proposals amend florida constitution cert denied taxpayers assessment cuts austin upholding michigan procedures checking voters signatures initiative petitions several times said test separate valid provisions invalid interactive speech restrictions come upon substitute hard judgments must made storer see timmons anderson first amendment requires us vigilant making judgments guard undue hindrances political conversations exchange ideas see meyer therefore detail satisfied meyer restrictions question significantly inhibit communication voters proposed political change warranted state interests administrative efficiency fraud detection informing voters alleged justify restrictions judgment informed means colorado employs accomplish regulatory purposes iii constitutional amendment see colo art corresponding statutory change next year see sess laws ch colorado added requirement petition circulators residents requirement registered voters registration colorado attorney general explained oral argument demonstrates commit ment colorado process tr oral arg facilitates verification circulator residence see beyond question colorado registration requirement drastically reduces number persons volunteer paid available circulate petitions must therefore inquire whether state concerns warrant reduction see timmons case district registered voters colorado numbered approximately million least persons eligible vote registered see tr testimony donetta davidson elections official colorado secretary state office colorado acknowledges least qualified unregistered voters trial testimony complemented statistical picture typical submissions initiative proponent paul grant testified trying circulate initiative petition drawing people involved normal partisan politics part arge numbers people natural support registered voters tr earlier noted see supra district found statistical testimonial evidence record show requirement registration limits number persons available circulate sign initiative petitions accordingly restricts core political speech requirement source referendum approved people colorado however district deemed prescription subject level judicial scrutiny ibid misjudgment corrected tenth circuit voters may violate constitution enacting ballot issue general assembly may enacting legislation tenth circuit reasoned registration requirement placed colorado population produces speech diminution kind produced ban paid circulators issue meyer see agree requirement circulators merely voter eligible registered voters scarcely debatable given uncontested numbers see supra decreases pool potential circulators certainly pool decreased prohibition payment circulators provisions limi number voices convey initiative proponents message consequently cut size audience proponents reach meyer see bernbeck moore quoting meyer see also meyer stating challenged restriction reduced chances initiative proponents gather signatures sufficient number qualify ballot thus limited proponents ability make matter focus statewide discussion case meyer requirement imposes burden political expression state failed justify id colorado acknowledges registration requirement limits speech severely state asserts exceptionally easy register vote reply brief see brief petitioner ease qualified voters may register vote however lift burden speech petition circulation time course individuals fail register ignorance apathy see post concurring judgment part dissenting part also individuals trial record shows choice register implicates political thought expression see tr testimony organizer jack hawkins lead plaintiff case long active support party doubt able willing convey political message cf post concurring judgment part dissenting part testified refusal register form private public protest tr testimony william orr executive director aclf another initiative proponent similarly stated circulators refuse register believe political process responsive needs testimony jon baraga circulators ease registration misses point state dominant justification appears strong interest policing lawbreakers among petition circulators colorado seeks ensure circulators amenable secretary state subpoena power matters extend beyond state borders see brief petitioner interest reaching law violators however served requirement upheld circulator submit affidavit setting among several particulars address resides including street name number city town county rev stat see supra address attestation note immediacy corresponding reliability voter registration may lack attestation made time petition section submitted voter registration may lack currency aclf challenge colorado right require circulators residents requirement tenth circuit said precisely achieved state subpoena service objective qualification contest lawsuit colorado maintains difficult determine state resident determine registered voter see tr oral arg force argument diminished however affidavit attesting residence circulator must submit petition section sum assuming residence requirement upheld needful measure question like tenth circuit see occasion decide parties placed matter residence issue added registration requirement warranted requirement cuts number message carriers arena without impelling cause iv colorado enacted provision requiring circulators wear identification badges five years decision meyer sess laws ch tenth circuit held badge requirement invalid insofar requires circulators display names see appeals rule constitutionality elements badge provision namely requirements badge disclose whether circulator paid volunteer paid ibid evidence presented district found demonstrated compelling circulators wear identification badges inhibits participation petitioning process badge requirement veteran organizer stated definitely limited number people willing work us degree willing work go public tr testimony paul grant another witness told harassment personally experienced circulator hemp initiative petition see also testified reluctance potential circulators face recrimination retaliation bearers petitions volatile issues sometimes encounter ith name badge makes afraid tr testimony jon baraga petition advocates similarly reported potential circulators willing wear personal identification badges colorado urges badge enables public identify state apprehend petition circulators engage misconduct see brief petitioner reply brief affidavit requirement unsuccessfully challenged see supra responsive state concern earlier noted see supra petition section must contain along collected signatures voters circulator name address signature notarized submission available law enforcers renders less needful state provision personal names identification badges affidavit reveals name petition circulator public record tuned speaker interest well state unlike name badge worn time circulator soliciting signatures affidavit separated moment circulator speaks tenth circuit explained name badge requirement forces circulators reveal identities time deliver political message operates reaction circulator message immediate may intense emotional unreasoned ibid affidavit contrast expose circulator risk heat moment harassment cf observing affidavits instantly accessible therefore less likely used purposes retaliation harassment decision mcintyre ohio elections instructive complainant mcintyre challenged ohio law prohibited distribution anonymous campaign literature writing question handbill urging voters defeat ballot issue applying exacting scrutiny ohio fraud prevention justifications held ban anonymous speech violated first amendment see circulating petition akin distributing handbill tenth circuit observed decision us involve communication restraint speech case severe restraint mcintyre petition circulation less fleeting encounter circulator must endeavor persuade electors sign petition see tr oral arg endeavor observed meyer necessity involves expression desire political change discussion merits proposed change injury speech heightened petition circulator badge requirement compels personal name identification precise moment circulator interest anonymity greatest see reason name badge requirement qualify inclusion among limited election process identification requirement alluded mcintyre recognize state enforcement interest might justify limited identification requirement ohio shown scant cause inhibiting leafletting issue see ginsburg concurring contrast affidavit requirement upheld district appeals must met circulators completed conversations electors exemplifies type regulation mcintyre left room sum conclude appeals colorado current badge requirement discourages participation petition circulation process forcing name identification without sufficient cause reiterate qualification final observation appeals noted aclf arguments evidence focus ed entirely circulator identification requirement therefore expressed opinion whether additional requirements badge disclose circulator paid volunteer status paid pass constitutional muster standing alone similarly confine decision like badge requirement colorado disclosure provisions enacted meyer see sess laws ch tenth circuit trimmed provisions colorado requires proponents pay circulators file final report initiative petition submitted secretary state monthly reports circulation period rev stat set supra tenth circuit invalidated final report provision insofar compels disclosure information specific paid circulator particular circulators names addresses total amount paid circulator see modified appeals decision final report reveal amount paid per petition signature thus effectively total amount paid petition circulators see ibid appeals next addressed colorado provision demanding detailed monthly disclosures concise paragraph rejected compelled disclosure name addresses residential business paid circulator amount money paid owed circulator month question see rev stat appeals identified infirmity required reporting petition proponents names call disclosure proposed ballot measures paid circulators engaged see express opinion whether monthly report prescriptions standing alone survive review ruling colorado disclosure requirements paid circulations appeals looked primarily decision buckley valeo per curiam decision stated exacting scrutiny necessary compelled disclosure payments issue see nevertheless upheld substantially related important governmental interests recordkeeping reporting disclosure provisions federal election campaign act stat amended stat et seq supp iv see explained buckley disclosure provides electorate information political campaign money comes spent thereby aiding electors evaluating seek vote internal quotation marks omitted observed disclosure requirements deter actual corruption avoid appearance corruption exposing large contributions expenditures light publicity see also grosjean american press observing informed public opinion potent restraints upon misgovernment mindful buckley tenth circuit upset colorado disclosure requirements whole see post rehnquist dissenting notably appeals upheld state requirements disclosure payors particular proponents names total amount spent collect signatures petitions see regard state supporting amici stress importance disclosure control check domination initiative process affluent special interest groups see reply brief increasingly initiatives product large monied interests brief council state governments et al amici curiae today initiative referendum process dominated money professional disclosure names initiative sponsors amounts spent gathering support initiatives responds substantial state interest see interest payor payees cf rule requiring disclosure every person entity made monetary contribution preparation submission brief disclosure requirements remain place voters informed source amount money spent proponents get measure ballot words voters told proposed measure provided funds circulation see post concurring judgment part dissenting part added benefit revealing names paid circulators amounts paid circulator lower courts fairly determined record whole hardly apparent demonstrated note furthermore ballot initiatives involve risk quid pro quo corruption present money paid candidates see meyer citing first nat bank boston bellotti risk corruption perceived cases involving candidate elections simply present popular vote public issue mcintyre addition stated meyer risk fraud corruption appearance thereof remote petition stage initiative time balloting finally absent evidence contrary prepared assume professional circulator whose qualifications similar future assignments may well depend reputation competence integrity likely accept false signatures volunteer motivated entirely interest proposition placed ballot sum agree appeals appraisal listing paid circulators income circulation forc es paid circulators surrender anonymity enjoyed volunteer counterparts tenuously related substantial interests disclosure serves colorado reporting requirements extent target paid circulators fai exacting scrutiny ibid vi less problematic measures colorado meet state substantial interests regulating process colorado aims protect integrity initiative process specifically deter fraud diminish corruption see brief petitioner reply brief serve important interest observed meyer colorado retains arsenal safeguards see see rev stat making criminal forge signatures section deemed void circulator violated provision laws governing circulation inform public money comes buckley internal quotation marks omitted reiterate state legitimately requires sponsors ballot initiatives disclose pays petition circulators much see supra ensure grass roots support colorado conditions placement initiative proposal ballot proponent submission valid signatures representing five percent total votes cast candidates secretary state previous general election colo art rev stat see meyer furthermore aid efficiency veracity clarity colorado provided array process measures contested aclf measures prescribe inter alia single subject per initiative limitation rev stat signature verification method large notice alerting potential signers petitions law requirements text affidavit circulators must subscribe reasons stated conclude tenth circuit correctly separated necessary proper ballot access controls restrictions unjustifiably inhibit circulation petitions therefore judgment appeals affirmed victoria buckley secretary state colorado petitioner american tional law foundation et al writ certiorari appeals tenth circuit january justice thomas concurring judgment considering constitutionality state election regulation restricts core political speech imposes severe burdens speech association generally required law narrowly tailored serve compelling state interest law imposes lesser burdens said state important regulatory interests generally sufficient justify reasonable nondiscriminatory restrictions today appears depart approach view colorado badge registration reporting requirements must evaluated strict scrutiny judged exacting standard agree majority challenged regulations violates first fourteenth amendments accordingly concur judgment course must regulate elections ensure conducted fair orderly fashion see timmons twin cities area new party burdick takushi regulations often directly restrict otherwise burden core political speech associational rights require every voting ballot campaign regulation narrowly tailored serve compelling interest tie hands seeking assure elections operated equitably efficiently id consequently developed although recently framework assessing constitutionality first fourteenth amendments state election laws state rule imposes severe burdens speech association must narrowly tailored serve compelling interest lesser burdens trigger less exacting review state important regulatory interests typically enough justify reasonable restrictions timmons supra burdick supra anderson celebrezze predictability decisions area certainly important unfortunately bright line separating severe lesser burdens state election law directly regulates core political speech always subjected challenged restriction strict scrutiny required legislation narrowly tailored serve compelling governmental interest see burson freeman tennessee law prohibiting solicitation voters distribution campaign literature within feet entrance polling place brown hartlage kentucky regulation candidate campaign promises first nat bank boston bellotti massachusetts law prohibiting certain business entities making expenditures purpose affecting referendum votes even state law directly regulate core political speech applied strict scrutiny example meyer grant considered challenge colorado law making felony pay initiative petition circulators applied strict scrutiny determined initiative petition circulation necessity involves expression desire political change discussion merits proposed change id citizens rent fair housing berkeley subjected strict scrutiny city ordinance limiting contributions committees formed oppose ballot initiatives impermissibly burdened association expression id core political speech issue ordinarily applied strict scrutiny without first determining state law severely burdens speech indeed mcintyre ohio elections suggested resort burden framework challenged election law regulates mechanics electoral process speech id see eu san francisco county democratic central comm first determining california prohibition primary endorsements official governing bodies political parties burdened speech association applying strict scrutiny suspect regulations core political speech issue makes little difference whether determine burden first restrictions core political speech plainly impose severe burden election law burdens voting associational interests cases much harder predict sure coherent distinction severe lesser burdens culled example subjected strict scrutiny connecticut requirement voters party primary registered members party burdened associational rights party members tashjian republican party similarly treated california laws dictating organization composition official governing bodies political parties limiting term office party chair requiring chair rotate residents northern southern california burden ed associational rights political parties members eu supra storer brown applied strict scrutiny california law denying ballot position independent candidates registered affiliation qualified political party within year preceding primary election apparently substantially burdened rights vote associate id norman reed determined illinois regulation use party names law establishing signature requirements nominating petitions severely burdened association limiting new parties access ballot held challenged laws construed state unconstitutional narrowly tailored id contrast determined minnesota law preventing candidate appearing ballot choice one party burdened party access ballot associational rights severely upheld ban lesser scrutiny timmons likewise upheld hawaii prohibition voting imposed limited burden voters freedom choice association burdick ii colorado argues badge registration reporting requirements impose lesser burdens consequently upheld serving important state interests agree challenged badge requirement rev stat directly regulates content speech state requires petition circulators disclose time deliver political message names whether paid unpaid therefore regulation must evaluated strict scrutiny moreover category burdened speech defined content colorado badge requirement apply circulate candidate petitions circulate initiative referendum proposals see generally rev stat candidate petition circulation requirements regulation speech typically must narrowly tailored compelling state interest see boos barry state dominant justification badge requirement helps public identify state apprehend petition circulators perpetrate fraud even assuming compelling interest plainly requirement narrowly tailored burdens circulators whether responsible committing fraud event state failed satisfy burden demonstrating fraud real rather conjectural problem see turner broadcasting system fcc colorado republican federal campaign comm federal election thomas concurring judgment dissenting part although colorado registration requirement rev stat directly regulate speech operates fashion colorado prohibition paid circulators meyer requirement reduces voices available convey political messages unanimously concluded meyer initiative petition circulation core political speech colorado law making felony pay petition circulators burdened political expression said reduced number potential speakers reduction limited size audience initiative proponents circulators might reach turn made less likely initiative proposals garner signatures necessary qualify ballot id see reason revisit earlier conclusion aim petition secure political change first amendment way fourteenth amendment guards state efforts restrict free discussions matters public concern colorado primarily defends registration requirement ground ensures petition circulators residents permits state effectively enforce election laws violate tenth circuit assumed state compelling interest ensuring circulators residents even clear appeals decided registration requirement narrowly tailored large number colorado residents registered voters majority points ante state asserted interest precisely achieved residency requirement district appeals suggested forcing proponents identify paid circulators name reports made less likely persons want circulate petitions therefore concluded reporting requirement chilling effect core political speech similar one recognized meyer american constitutional law foundation meyer ca american constitutional law foundation meyer supp district additionally determined preparation required monthly reports burdensome involved additional expense supporting initiative petition ibid view burdens reporting requirement imposes circulation attenuated constitute severe burden core political speech however compelled disclosure seriously infringe privacy association belief guaranteed first amendment buckley valeo per curiam buckley disclosure requirements federal election campaign act encroached associational rights required pass strict test id associational interests burdened state reporting requirements must evaluated strict scrutiny colorado argues essential purpose reports identify circulators brief petitioner also claims required reports designed provide press voters colorado complete picture money spent get measure ballot ibid even assuming colorado compelling interest identifying circulators law serve interest state requires proponents identify names paid circulators circulators interest requiring report money paid circulator name majority points ante demonstrated state contends asserted interest providing press electorate information much money spent initiative proponents advance particular measure similar governmental interests providing electorate information money spent candidate comes deterring actual corruption avoiding appearance corruption recognized buckley supra however suggested ballot initiatives candidate elections involve different considerations bellotti people democracy entrusted responsibility judging evaluating relative merits conflicting arguments danger people evaluate information arguments advanced one source danger contemplated framers first amendment see also citizens rent control indeed recognized meyer risk improper conduct remote petition stage initiative similarly think least state interest informing public financial interests behind initiative proposal compelling petitioning stage stands lower decisions proponents must disclose amount paid per petition signature total amount paid circulator without identifying circulator time petition filed monthly disclosures longer required respondents sufficiently brief question willing assume purposes opinion colorado interest information made available press voters initiative voted upon circulation compelling reporting provision modified courts ensures public receives information demonstrating financial support behind initiative proposal voting recognize buckley although purported apply strict scrutiny formulation test forgiving traditional understanding exacting standard merely required disclosure provisions substantial relation substantial government interest id majority appears dilute buckley formulation even stating colorado reporting requirement must substantially related important governmental interests ante extent buckley suggests apply relaxed standard scrutiny inconsistent state election law cases require application traditional strict scrutiny whenever state law severely burdens association adhere nevertheless decide challenged portions colorado disclosure law unconstitutional evaluated buckley standard conclude apply strict scrutiny challenged restrictions affirm judgment appeals three provisions us majority apply different reasoning concur judgment victoria buckley secretary state colorado petitioner american tional law foundation et al writ certiorari appeals tenth circuit january chief justice rehnquist dissenting today invalidates number state laws designed prevent fraud circulation candidate petitions ensure local issues state law decided local voters rather interests believe colorado constitutionally require circulate initiative petitions registered voters actually registered voters believe contrary holding implication state regulation elections generally dissent ballot initiatives sort involved case central part progressive movement agenda reform turn century advanced means limiting control wealthy special interests restoring electoral power voters see croly progressive democracy transaction ed steele commager american mind persily peculiar geography direct democracy rev however recent years initiative referendum process come influenced interests employ professional firms nationwide business see lowenstein stern first amendment paid initiative petition circulators hastings const broder ballot battle washington post apr pp election result litigation propositions national law journal pp state laws strikes today restore initial purpose limiting influence interests may initiative process ironic effect today opinion name first amendment strikes attempt state allow voters rather persons political dropouts decide issues go ballot decided state registered voters basis holding state laws question decrease pool potential circulators reduce chances measure gather signatures sufficient qualify ballot measure unconstitutional decision meyer grant see ante meyer also dealt colorado initiative regulations struck criminal ban paid petition circulators meyer decide state impose reasonable regulations circulation indeed today decision appeared case law state imposed reasonable regulations circulation initiative petitions order established inherently chaotic nature democratic processes cf timmons twin cities area new party burdick takushi storer brown today opinion however calls question validity regulation petition circulation runs afoul highly abstract mechanical test diminishing pool petition circulators making proposal less likely appear ballot see ante squarely holds state may limit circulators registered voters maintains silence whether may even limit circulators state residents ii section colorado initiative petition law provides section petition initiative referendum measure shall circulated person registered elector least eighteen years age time section circulated rev stat requirement obviously intended ensure people involved getting measure placed ballot people ultimately vote measure electors state indeed difficult envision state unfortunate dicta meyer parties agree purposes appeal million registered voters colorado persons eligible vote registered see ante registering vote colorado easy requirements person years age older date next election citizen resident precinct person vote days immediately prior election see rev stat elector requirement mirrors colorado regulation candidate elections delegates county state assemblies must registered electors candidates nominated primary election unless registered electors however reasons restriction circulation electors fails pass scrutiny first amendment decision register vote implicates political thought expression ante surely true many residents register vote even case invalidate colorado requirement refusing read current newspapers watch television may first amendment implications mean state university might refuse hire person teach course today media examples unregistered people wish circulate initiative petitions presented respondents relied upon twofold people refuse participate political process means protest convicted drug felons denied franchise part punishment example respondent bill orr apparently mastermind litigation argued district form private public protest believe representative organs government supposed tr respondent jon baraga person affiliated colorado hemp initiative seeks legalize marijuana colorado testified great many folks refused participate registered voters political process like see measure gain ballot status like help us thus today holds state require circulate petitions get initiatives ballot electors state constitutionally required instead allow make effort register vote political dropouts convicted drug dealers engage electoral activity although argues eligible vote may circulate candidate petitions colorado law effect law also even harder administer one limited circulation residents eligible colorado voters subset colorado residents fulfilled requirements registration committed felony otherwise disqualified franchise state thus perform background check circulators determine felons one reasons state wished limit petition circulation electors first place far easier determine elector resident much less voter eligible addition adequately explain voter eligible means means eligible vote state petitions circulating colorado case necessarily follows today holding state may limit petition circulation residents quarrel holding hand voter eligible mean person eligible vote territories case state merely run background check state circulators also examine whether unregistered circulator satisfied whatever criteria voter eligibility place residence georgia guam peoria puerto rico state ballot initiatives matter state concern state able limit ability circulate initiative petitions people ultimately vote initiatives polls eligible voters make conscious decision register vote grounds reject democratic process right complain circulate initiative petitions people registered voters idea convicted drug felons lost right vote state law nonetheless constitutional right circulate initiative petitions scarcely passes laugh test implications today holding even stark immediate effect interpretation meyer ballot initiative regulation unconstitutional either diminishes pool people circulate petitions makes difficult given issue ultimately appear ballot see ante thus today judgment ostensibly circumscribed scope threatens invalidate whole host historically established state regulations electoral process general indeed silent respect whether state limit initiative petition circulation state residents implication reading meyer unable hire circulators limi number voices convey initiative proponents message ante bracketing original today decision state limit ability circulate issues local concern residents may state prohibit children foreigners circulating petitions restrictions also limit number voices carry proponents message thus cut size audience initiative proponents reach cf meyer initiative petition circulation limited electors seem state longer impose elector residency requirement circulate petitions place candidates ballots either least plus district columbia explicitly require candidate petition circulators electors least one state requires petition circulators state residents today decision appears place laws serious constitutional jeopardy iii two laws struck agree badge requirement petition circulators unconstitutional mcintyre ohio elections also find instructive notes ante colorado require badges circulate candidate petitions see generally rev stat disagree however first amendment renders disclosure requirements unconstitutional affirms appeals invalidation portion law requires final reports disclose information specific paid circulator name address amount paid important decision idea risk quid pro quo corruption money paid ballot initiative circulators paid circulators surrender anonymity enjoyed volunteer counterparts disagree analysis colorado law petition circulators must surrender anonymity affidavit requirement colorado law requires circulator must submit affidavit must include circulator name address resides including street name number city town county rev stat affidavit requirement upheld tenth circuit significantly burdening political expression american constitutional law foundation meyer relied upon holding registered voter requirement unconstitutional see ante additional piece information disclosure requirement asks thus amount paid circulator since even today decision identity circulators well total amount money paid circulators matter public record see ante believe additional requirement sufficient invalidate disclosure requirements whole serve substantial interests sufficiently narrowly tailored satisfy first amendment iv holding invalidates believe legitimate restrictions placed colorado petition circulation process reasoning calls question host regulations candidate nomination petition circulation process dissent victoria buckley secretary state colorado petitioner american tional law foundation et al writ certiorari appeals tenth circuit january justice justice breyer joins concurring judgment part dissenting part petition circulation undoubtedly significant political speech component initiative petition circulator approaches person asks person sign petition circulator engaging interactive communication concerning political change meyer grant imposition direct substantial burden communication concerned us meyer grant address concern held case regulations directly burdening communicative aspect petition circulation subject strict scrutiny regulations target aspect petition circulation however regulations govern electoral process directing manner initiative proposal qualifies placement ballot latter regulations may indirectly burden speech step removed communicative aspect petitioning necessary maintain orderly electoral process accordingly regulations subject less exacting standard review respect regulating petition circulation similar regulating candidate elections regulations govern candidate election invariably burden degree one right vote one right associate political purposes restrictions necessary however elections fair honest storer brown allow regulations nature without overly burdening rights developed flexible standard review regulations electoral process succinctly described standard burdick takushi hen first fourteenth amendment rights subjected severe restrictions regulation must narrowly drawn advance state interest compelling importance state election law provision imposes reasonable nondiscriminatory restrictions upon first fourteenth amendment rights voters state important regulatory interests generally sufficient justify restrictions internal quotation marks citations omitted applying test burdick upheld reasonable hawaii prohibition voting holding imposed limited burden upon constitutional rights voters see see also timmons twin cities area new party upholding minnesota law banned fusion candidacies ground state asserted sufficiently weighty interest application flexible standard without precedent prior burdick applied test akin rational review regulations governed administrative aspects elections see rosario rockefeller upholding requirement voters enroll members political party prior voting primary election ground regulation impose onerous burden advanced legitimate state interest burdick approach threshold inquiry whether colorado regulations directly substantially burden communicative aspect petition circulation whether primarily target electoral process imposing indirect less substantial burdens communication former regulation subject strict scrutiny latter regulation subject review reasonableness agree requiring petition circulators wear identification badges specifically name badges see rev stat subject fails strict scrutiny requiring petition circulators reveal names circulating petition directly regulates core political speech petition circulation identification badge introduces dialogue petition circulation message circulator might otherwise refrain delivering evidence shows deters initiative petition circulators disseminating messages logic meyer regulation subject exacting scrutiny explained see ante colorado identification badge requirement survive demanding standard review requirement narrowly tailored satisfy colorado interest identifying apprehending petition circulators engage misconduct also agree whether colorado badge badges identify initiative petition circulators paid constitutional question resolve issue properly us see ante accordingly like address ii unlike majority however believe requirement initiative petition circulators registered voters see rev stat permissible regulation electoral process indeed classic example type regulation upheld analogous restrictions qualifications vote primary election candidate eligibility reasonable regulations electoral process see rosario rockefeller supra upholding qualifications vote primary storer brown supra upholding candidate eligibility requirement chief justice observes colorado registration requirement parallels requirements place least district columbia candidate petition circulators electors see post requirement many candidates certify registered voters like regulations registration requirement neutral qualification participation petitioning process one views registration requirement neutral qualification becomes apparent requirement indirectly incidentally burdens communicative aspects petition circulation terms requirement directly prohibit otherwise qualified initiative petition circulators circulating petitions cf rosario rockefeller supra holding time limits enrollment political parties violate right association individuals prohibited enrolling parties moreover chief justice illustrates dissent requirement satisfied quite easily see post requirement indeed effect colorado since see american constitutional law foundation meyer supp apparent impact ability groups circulate petitions see tr testimony donetta davidson number initiative proposals placed ballot increased past years way registration requirement differs statute held unconstitutional meyer reviewed statute made unlawful pay petition circulators see meyer grant held statute directly regulated substantially burdened speech excluding petition circulation class actual circulators necessary obtain required number signatures within allotted time ibid statute directly silenced voices necessary able willing convey political message contrast registration requirement effect ban existing class circulators terms silence able willing circulate ballot initiative petitions indeed appear parties litigation needed unregistered individuals disseminate political messages cf respondents offered slight evidence suggest registration requirement negatively affects communicative aspect petition circulation particular respondents argue registration requirement burdens political speech circulators register vote form political protest see ante yet existence severity burden clearly established record respondents suggests example witness jack hawkins whose testimony cites proposition choice register implicates political thought expression see ibid testify anyone failed register vote political statement responded es true leading question individuals circulate petition voters political choice tr went explain political choice follows interesting views want register vote misconception wo called jury duty registered vote really concerned jurist colorado jurist drive car pay taxes anything else misconception ca turn around emphasis supplied likewise witness jon baraga testified potential circulators registered vote feel political process responsive needs see ante went testify many people register vote initiative supported placed ballot see tr considered whole testimony establish registration requirement substantially burdens alternative forms political expression registration requirement indirectly incidentally burdens communicative aspect petition circulation burdick requires advance legitimate state interest reasonable regulation electoral process colorado maintains registration requirement necessary enforce laws prohibiting circulation fraud guarantee state ability exercise subpoena power violate laws see ante two patently legitimate interests see timmons twin cities area new party schaumburg citizens better environment past colorado difficulty enforcing prohibition circulation fraud particular law forging petition signatures violators fled state see tr testimony donetta davidson colorado shown registration requirement easy verifiable way ensure petition circulators fall state subpoena power see tr oral arg see also appellee supplemental app nos describing requirement signatories registered voters necessary verification signatures reasons uphold requirement reasonable regulation colorado electoral process iii disturbing holding colorado disclosure provisions partially unconstitutional colorado requires proponents file two types reports monthly reports period circulation final report initiative petition submitted see rev stat monthly reports must include names paid circulators business residential addresses amount money paid owed paid circulator relevant month see final report also must include paid circulators names addresses well total amount paid circulator see tenth circuit invalidated reports extent revealed information see ante affirms decision without expressing opinion validity reports extent reveal information ground forcing proponents ballot initiatives reveal identities paid circulators tenuously related interests disclosure serves impermissibly targets paid circulators see ante however reverse tenth circuit ground colorado disclosure provision reasonable regulation electoral process colorado disclosure provision step removed communicative aspects petition circulation burdens communication incidental manner like mandatory affidavit must accompany every set signed petitions required disclosure reports revea name petition circulator public record separated moment circulator speaks see ante characteristic indeed makes disclosure reports virtually indistinguishable affidavit requirement suggests permissible regulation electoral process see ante similarly lessens chilling effect reports might speech see ante observing injury speech heightened disclosure made moment speech anything disclosure reports burden speech less directly affidavits latter completed petition circulator former completed initiative proponent thus step removed petition circulation fact suggest record evidence tending show remote disclosure deter circulation initiative petitions extent disclosure requirements burden speech burden must viewed incremental insubstantial light affidavit requirement also reveals identity initiative petition circulators regulation electoral process indirect insignificant effect speech disclosure provision upheld long advances legitimate government interest colorado asserted interests combating fraud providing public information petition circulation surely sufficient survive level review among interests found substantial buckley valeo see per curiam holding government substantial interest requiring candidates disclose sources campaign contributions provide electorate information interests candidate likely responsive deter actual corruption avoid appearance corruption detect violations contribution limitations moreover scarcely debatable general matter financial disclosure effectively combats fraud provides valuable information public recognized financial disclosure requirements tend discourage subject engaging improper conduct public armed information better able detect wrongdoing see see also grosjean american press observing informed public opinion potent restraints upon misgovernment publicity justly commended remedy social industrial diseases sunlight said best disinfectants electric light efficient policeman buckley valeo supra quoting brandeis people money half century compulsory publicity political accounts cornerstone legal regulation publicity advocated automatic regulator inducing among political contenders arming electorate important information alexander haggerty federal election campaign act decade political reform otal recognized essential effective campaign finance reform fundamental political system alexander financing politics money elections political reform ed light many substantial benefits disclosure upheld regulations requiring disclosure reporting amounts spent candidates election amounts contributed candidates names contributors see buckley valeo holding first amendment protects right political speaker spend money amplify speech see indeed laws requiring disclosure names contributors amounts contributions common federal government see describing disclosure provisions federal election campaign act alexander supra fifty disclosure requirements except two south carolina wyoming call reporting contributions expenditures federal disclosure laws first enacted early laws like colorado current provision required disclosure names contributors recipients expenditures see buckley valeo public disclosure amounts sources political contributions expenditures assists voters making intelligent knowing choices election process helps combat fraud recognized benefits financial disclosure equally applicable context petition circulation disclosure deters circulation fraud abuse encouraging petition circulators truthful see generally disclosure required advances colorado interest law enforcement enabling state detect identify timely basis abusive fraudulent circulators moreover like election finance reporting generally colorado disclosure reports provide facts useful voters weighing options members public deciding whether sign petition vote measure discover proposed provided funds circulation funds provided knowing names paid circulators amounts paid also allows members public evaluate sincerity alternatively potential bias circulator approaches words one knows particular circulator well paid one may less likely believe sincerity circulator statements initiative proposal monthly disclosure reports public records available press public see brief petitioner contemporaneous circulation american constitutional law foundation meyer accessible masses papers filed petitions see apparent preceding discussion combat fraud inform potential signatories timely manner disclosure must made time people asked sign petitions subsequent vote measure qualifies ballot indeed period need deter fraud inform public forces motivating initiative petitions likely peak time improper influences likely brought light buckley valeo supra accordingly monthly reports disseminated circulation period available press see brief petitioner uniquely advance colorado interests affidavit requirement effective substitute affidavits completed signatures collected thus time information needed see rev stat signature added section petition affidavit executed shall invalid addition public access affidavits generally restricted access monthly disclosure reports district found public greater difficulty finding names addresses petition circulators masses papers filed petitions compared monthly reports sure colorado requires disclosure financial information paid circulators contrary assumption see ante targeted disclosure permissible record suggests paid circulators likely commit fraud gather false signatures circulators existence occasional fraud colorado petitioning process documented record see tr testimony retired fbi agent theodore rosack testimony donetta davidson elections officer state colorado testified paid circulators involved recent fraudulent activity see testimony donetta davidson see also testimony theodore rosack describing recent investigation fraud paid circulators implicated likewise respondent william orr executive director american constitutional law foundation examining witness explained trial volunteer organizations much likelihood fraud paid circulators perhaps different legitimate interests asserted colorado advanced disclosure provision outweigh incidental indirect burden disclosure places political speech uphold provision reasonable regulation electoral process colorado interests legitimate however ously held substantial see buckley valeo supra therefore even thought exacting scrutiny required uphold disclosure requirements feel decision invalidates permissible regulations vitally important integrity political process decision threatens enforceability important permissible regulations concur judgment part dissent part footnotes individual plaintiffs included david aitken chairman colorado libertarian party organized circulation several initiative petitions jon baraga statewide petition coordinator colorado hemp initiative craig eley jack hawkins circulators petitions safe workplace initiative worker choice care initiative lonnie haynes member aclf alden kautz circulator numerous initiative petitions bill orr executive director aclf qualified unregistered voter regularly participated petition process wanted circulate petitions william david orr minor wanted circulate petitions see american constitutional law foundation meyer brief respondents david aitken et al section provides section petition initiative referendum measure shall circulated person registered elector least eighteen years age time section circulated registered voter one must reside colorado see aclf challenge residency requirement action section provides relevant part petition ballot issue shall effect unless filed secretary state within six months date titles submission clause summary fixed determined pursuant provisions sections section provides circulators paid circulating petitions concerning ballot issues shall display identification badge includes words volunteer circulator type clearly legible circulator name circulators paid circulating petitions concerning ballot issues shall display identification badge includes words paid circulator type clearly legible circulator name name telephone number individual employing circulator petition section bound compilation initiative forms include copy proposed ballot measure ruled lines numbered consecutively registered electors signatures final page contains affidavit required section section provides petition section shall attached signed notarized dated affidavit executed registered elector circulated petition section shall include printed name address resides including street name number city town county date signed affidavit read understands laws governing circulation petitions registered elector time section petition circulated signed listed electors circulated section petition signature thereon affixed circulator presence signature thereon signature person whose name purports best circulator knowledge belief persons signing petition section time signing registered elector paid future pay believes person paid pay directly indirectly money thing value signer purpose inducing causing signer affix signature petition secretary state shall accept filing section petition attached thereto notarized affidavit required section signature added section petition affidavit executed shall invalid section provides relevant part proponents petition shall file name address county voter registration circulators paid circulate section petition amount paid per signature total amount paid circulator filing shall made time petition filed secretary state proponents petition shall sign file monthly reports secretary state due ten days last day month petitions circulated behalf proponents paid circulators monthly reports shall set forth following names proponents name residential business addresses paid circulators name proposed ballot measure petitions circulated paid circulators amount money paid owed paid circulator petition circulation month question record included evidence submitted support summary judgment bench trial see american constitutional law foundation meyer supp tenth circuit recognized age commonly used proxy maturity maturity reasonably related colorado interest preserving integrity ballot issue elections restriction appeals said need satisfy xacting scrutiny neutral temporary merely postpones opportunity circulate ibid limit appeals observed orderly process requires time lines without demanding laborate verification found six months reasonable window sensible nondiscriminatory ballot access regulation internal quotation marks omitted finally explained affidavit requirement properly responded state need ensure circulators possess various degrees interest particular initiative exercise special care prevent mistake fraud abuse process obtaining thousands signatures registered electors throughout state quoting loonan woodley en banc denied aclf regarding issues see nothing opinion read suggest circulators agents state although circulators subject state regulation accountable state compliance legitimate controls see rev stat circulators act behalf proponents ballot initiatives decision entirely keeping approach state regulations impos ing severe burdens speech must narrowly tailored serve compelling state interest see post thomas concurring judgment colorado law similarly provides registered voters may circulate petitions place candidates ballot see rev stat eligible elector may circulate candidate petitions eligible elector defined registered elector volume trial transcript reprinted plaintiff app cited hereinafter tr volume trial transcript reprinted plaintiff app ii cited hereinafter tr fact number unregistered residents colorado time trial may closer see dept commerce bureau census statistical abstract table recent statistics show less percent population registered vote colorado see dept commerce bureau census statistical abstract table using recent numbers colorado registration requirement exclude approximately unregistered residents circulating petitions proportion unregistered residents registered residents colorado extraordinary comparison proportions see generally ibid persons eligible vote note include convicted drug felons denied franchise part punishment see post rehnquist dissenting similarly barred circulating petitions dissent concern hordes convicted drug dealers post swell ranks petition circulators unstoppable legitimate state regulation therefore undue even imaginary dissent suggestion merely voter eligible included among petition circulators children citizens foreign lands far behind see post familiar parade dreadfuls calls mind wise counsel judges lawyers live slippery slope analogies supposed ski bottom bork tempting america political seduction law counsel applies justice floodgate fears concerning today decision like meyer separates petition circulators proponents financial backers ballot initiatives see post opinion concurring judgment part dissenting part justice correctly observes registration requirements primary election voters candidates political office classic examples permissible regulation see post opinion concurring judgment part dissenting part hired signature collector recognized meyer notably different category unanimously struck ban paying persons circulate petitions surely imply state must therefore tolerate private sponsor hourly piecework payment persons exchange vote political candidacy colorado require identification badges persons gather signatures place candidates ballot see generally rev stat regulations governing circulators see tr circulate want go jail wo wear badge think right testimony paul grant tenth circuit observed see neither riley national federation blind martin city struthers supports name identification colorado requires petition circulators wear riley invalidated north carolina law restricting solicitation charitable contributions professional fundraisers martin invalidated city ordinance prohibiting knocking door ringing doorbell residence purpose distributing literature observed riley unchallenged portion disclosure law required professional fundraisers disclose professional status employer name address potential donors dictum martin noted stranger community required establish identity authority act cause purports represent internal quotation marks omitted neither case involved name badge requirement specification solicitor personal name revealed either case counterpart affidavit puts petition circulator name address public record colorado require similar disclosures persons gather signatures place candidates ballot see generally rev stat regulations governing circulators justice nowing names paid circulators amounts paid allo members public evaluate sincerity alternatively potential bias circulator approaches post apparent reports containing names paid circulators filed secretary state hand moment circulators approac testimony record suggests occasional fraud colorado petitioning process involved paid circulators follow like night day paid circulators likely commit fraud gather false signatures circulators see post concurring judgment part dissenting part far making ultimate finding effect district determined neither state interest preventing fraud interest informing public concerning financial resources available initiative proponents special interests supporting ballot measure significantly advanced disclosure names addresses person paid circulate section petition disclosure proponents reports district also observed risked exposing paid circulators intimidation harassment retribution manner badge requirement ibid disclosure provisions target paid circulators require disclosure income circulation receives disclosure reports course istinguishable affidavit post concurring judgment part dissenting part must completed paid volunteer circulators require disclosure amount paid individually circulator footnotes although explicitly apply strict scrutiny storer said state interest permissible compelling device state chose essential part overall mechanism majority correct note ante tenth circuit declined address whether colorado requirement badge disclose whether circulator paid volunteer paid name telephone number payer constitutionally permissible standing alone nevertheless district invalidated entirety american constitutional law foundation meyer supp appeals affirmed decision full american constitutional law foundation meyer ca anecdotal evidence briefs circulators discuss merits proposed change initiative great depth indeed national voter outreach amicus curiae support respondents according statement interest largest organizer paid petition circulation drives describes conversations circulator prospective petition signer brief brief national voter outreach amicus curiae gives example typical conversation sign really tick california governor pete wilson id view level scrutiny turn content sophistication political message cf colorado republican federal campaign federal election even pure message support unadorned reasons valuable democratic process colorado law requires petition circulators registered electors rev stat one must reside colorado order registered voter colorado separate residency requirement petition circulators time whatever merit views expressed chief justice post state little mention passing interest voters decide issues go ballot see brief petitioner appeals specifically identify constitutional problem monthly reports extent require disclosure proponents names proposed ballot measures persons paid circulate petitions district invalidated entire monthly reporting requirement appeals affirmed decision full see previously noted buckley seemed forgiving review contribution provisions respect expenditure rules issue even though purported strictly scrutinize colorado republican thomas concurring judgment dissenting part footnotes respondents also presented example children wished circulate petitions indeed one respondents case william david orr minor suit filed apparently included action give standing challenge age restriction element rev stat appeals held age restriction petition circulation constitutional unnecessary point absurdity respondents minority argument dismisses state interest diminished noting affidavit requirement identifies residents ante yet even interest diminished surely eliminated curious relies affidavit requirement strike elector requirement use preserve part disclosure requirements also contain information duplicated affidavits part ante see rev stat ann cal elec code ann west rev stat stat supp code ann idaho code supp comp ch supp stat ann comp laws supp mo rev stat neb rev stat supp elec law mckinney ohio rev code ann cons stat laws comp laws ann code ann supp code stat wyo stat see code ann supp footnotes see va art cal elec code ann west special pamphlet ind stat ann mass laws ch west supp rev stat ann rev stat ann stat ann west stat supp okla tit