Buckley v. American Constitutional Law Foundation Inc. Page 23

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.

William H. Rehnquist:

--Thank you, Mr. O'Toole.

General Gale, you have 1 minute remaining.

Gale Norton:

May it please the Court, in clarification to Justice Kennedy's question, the monthly report was stricken by the Tenth Circuit in its entirety.

The final report was stricken to the extent it requires individualized reporting regarding the circulators.

Mr. O'Toole is correct that the final report is submitted at the time that the petition itself is submitted.

There are examples of both of those reports in the joint appendix at pages 41 and 45.

The State has an interest in preventing fraud and misconduct while a petition is being circulated, not simply bribery, but also a husband signing for a wife, something as commonplace as that.

We have the responsibility to the--

Sandra Day O'Connor:

Well, the State doesn't care about this, these things with candidate petitions?

Gale Norton:

--Certainly the State does care about these things.

Sandra Day O'Connor:

But it doesn't have these requirements.

Gale Norton:

It has some of these requirements as--

Sandra Day O'Connor:

Not the badge and the paid versus the unpaid and the requirements we're talking about here.

Gale Norton:

--That is correct.

It does have the registration requirement, but not the others.

The badge requirement fulfills the function of providing information to the signer.

That person is essentially relying on the circulator as a fiduciary.

The person can... the voter can only sign a petition once.

Once they have signed a petition, they cannot sign that same petition again, and so once they have given over their signature to that person, they have given them a trust responsibility.

William H. Rehnquist:

Thank you, General Norton.

Gale Norton:

Thank you.

William H. Rehnquist:

The case is submitted.