Recent changes to laws affecting ballot initiatives
From Ballotpedia
Judicial decisons and acts of state legislatures have an impact on ballot access and initiative rights.
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Court cases in recent years relevant to ballot access
- Lemons v. Bradbury Ninth Circuit upheld Oregon's random sampling procedure for validating signatures.
- Ralph Nader v. Democratic National Committee
- Nader v. McAuliffe
- Nader v. Brewer, overturned Arizona's residency requirement in federal court.
Residency requirements
- Yes on Term Limits v. Savage On appeal to 10th circuit, challenges Oklahoma's residency requirement
- Frami v Ponto, threw out Wisconsin's residency requirements
- Preserve Shorecliff Homeowners v. City of San Clemente Threw out a local California residency requirement
Paying petitioners by the signature
- Citizens for Tax Reform v. Deters Threw out Ohio's prohibition on paying petitioners by the signature.
- Prete v. Bradbury Upheld Oregon's prohibition on paying petitioners by the signature.
- Person v. New York State Board of Elections Upheld New York's prohibition on paying petitioners by the signature.
Distribution requirements
- ACLU v. Lomax Challenges Nevada's distribution requirement.
Petitioner access rights
State legislation enacted in 2007 and 2008 relevant to ballot access
- Montana Senate Bill 96 (2007)
- Nevada Assembly Bill 604 (2007)
- Nevada Senate Bill 549 (2007)
- Oregon House Bill 2082 (2007).
- South Dakota House Bill 1156 (2007).
- Nebraska Legislative Bill 39 (2008)
