Buckley v. American Constitutional Law Foundation Inc. Page 2

Buckley v. American Constitutional Law Foundation Inc. general information

Media for Buckley v. American Constitutional Law Foundation Inc.

Audio Transcription for Oral Argument - October 14, 1998 in Buckley v. American Constitutional Law Foundation Inc.

Gale Norton:

The monthly disclosure statement lists the amounts that are paid to each individual circulator on a person by person basis.

Anthony M. Kennedy:

That was struck down.

Has anything in the monthly disclosure statement been allowed to stand--

Gale Norton:

The--

Anthony M. Kennedy:

--by the district court's opinion?

Gale Norton:

--What has been struck down is simply the amount that applies to individual circulators.

Anthony M. Kennedy:

All right.

In that monthly disclosure statement, so far as the statute has been allowed to stand--

Gale Norton:

Yes.

Anthony M. Kennedy:

--can I see how much is paid, lump sum, for circulation?

Gale Norton:

You would have to add up the amount that is paid to each individual circulator.

Anthony M. Kennedy:

Well, except that's been struck down.

Okay.

Gale Norton:

Signature gathering serves the same function as a primary election in a candidate selection process.

By obtaining the requisite 54,242 signatures, an initiative's backers establish that it has a significant modicum of support.

Antonin Scalia:

Well, there's this difference between signature gathering and a primary election.

In a primary election it is not somebody trying to persuade somebody else.

Signature gathering may perform that function, but it is, in addition, and perhaps primarily, one citizen trying to persuade another citizen about the merits of a particular legislature proposal.

Gale Norton:

Here, there are three functions that all occur simultaneously.

That is the aspect of persuasiveness, as you have described.

There is also a role that the circulator plays of an administrative function akin to an election judge, and there is also the function of acting as an agent or fiduciary for the signer in fulfilling responsibilities as to the signer.

William H. Rehnquist:

Well, do... is there any way of telling from this record whether the typical petitioner circulator goes door to door, or sits in a shopping mall?

I suppose they do both.

Gale Norton:

They may do both.

The practice is ordinarily to go to a shopping mall or some place where there are many people gathered.

The--

William H. Rehnquist:

And so--

Gale Norton:

--record does not specifically describe that in the trial court.

Sandra Day O'Connor:

--What is the interest of the State that you say supports the requirement that the circulators have to be registered voters?

Gale Norton:

That is two part.