Angle

Angle v. Miller

Good Law
673 F.3d 1122·2012 WL 833901·2012 U.S. App. LEXIS 5342
United States Court of Appeals for the Ninth CircuitMarch 14, 201217-56708California5,415 words

Opinion

Opinion

Fisher, J.

Nevada permits direct legislation through ballot initiatives. To qualify an initiative for the ballot, proponents must obtain signatures from a number of registered voters equal to 10 percent of the votes cast in the previous general election in each of the state’s congressional districts. The district court held that this geographic distribution requirement, which requires proponents to collect signatures from each of the state’s congressional districts, violates neither the Equal Protection Clause nor the First Amendment. We affirm.

I. Background

The Nevada Constitution authorizes the citizens of Nevada to enact statutes and amend the Nevada Constitution through the initiative process. See Nev. Const, art. 19, § 2. To place an initiative on the ballot, proponents must obtain signatures from a number of registered voters equal to 10 percent of the votes cast in the previous general election. See id.

This signature requirement is also subject to a geographic distribution requirement known as the All Districts Rule. Adopted in 2009, the All Districts Rule requires initiative proponents to meet the 10 percent signature threshold in each of the state’s congressional…

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