Monthly Archives: August 2016

Ballot Access: Constitutionality of Residency Requirements for Ballot Initiative-Petition Circulators

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review

The Sixth Circuit recently reviewed a case regarding an Ohio statute that required initiative-petition circulators to reside in the state of Ohio.[1] The district court declared the law unconstitutional, and the issue of a residency requirement for circulators was not challenged on appeal.[2] Although not challenged by Ohio’s Secretary of State in Citizens in Charge, Inc. v. Husted, the court does analyze the issue of residency requirements and acknowledges that a circuit split still exists regarding whether they are constitutional.[3] Currently, the Second, Eighth, and Tenth Circuits all have different standards to adjudicate the constitutionality of these residency requirements.[4] The inconsistent adjudications over residency requirements for initiative-petition circulators should be cured by a clear and uniform judicial standard to resolve this open constitutional question. The Tenth Circuit’s determination that residency requirements were unconstitutional should be adopted, as it does not infringe upon an individual’s right to political association.[5] Continue reading

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