Libertarian Party Los Angeles v. Debra Bowen

To qualify for the ballot in California, political candidates must file a “nomination paper” that includes a certain number of signatures from registered voters. Cal. Elec.Code §§ 8062, 8409. Commonly, candidates appoint persons, known in California as “circulators,” to circulate the nomination paper for the purpose of .gathering signatures. At issue here are California Elections Code sections 8066 and 8451, which mandate that “[cjirculators shall be voters in the district or political subdivision in which the candidate is to be voted on and shall serve only in that district or political subdivision.” Plaintiffs Libertarian Party of Los Angeles County, Theodore Brown, and Christopher Agrella brought this pre-enforcement action under 42 U.S.C. § 1983 against Defendant Debra Bowen, California Secretary of State. Plaintiffs allege that the residency requirement violates the First and Fourteenth Amendments and, accordingly, seek to enjoin its enforcement.

Plaintiff Libertarian Party of Los Angeles County would like to use circulators who reside in counties other than Los Angeles County to gather signatures for candidates in that county. Plaintiffs Brown and Agrella live in…