Political Party Has Standing To Challenge California Law Requiring Political Signature Gatherers To Be Registered Voters In Same County Where Signatures Gathered.

Plaintiff Libertarian Party of Los Angeles County brought an action against California’s Secretary of State, seeking a holding that California’s Election Code [§§ 8066 & 8451] violates the First and Fourteenth Amendments because it mandates that those persons who collect signatures for the nomination papers of political candidates must be “voters in the district or political subdivision in which the candidate is to be voted on.” A federal district court dismissed plaintiff’s complaint seeking an injunction after finding plaintiff had no standing.  The Ninth Circuit reversed, stating First Amendment challenges “present unique standing considerations” and that “the inquiry tilts dramatically toward a finding of standing” because “the chilling of the exercise of First Amendment rights is, itself, a constitutionally sufficient injury.” Libertarian Party of Los Angeles County v. Debra Bowen, in her official capacity as Secretary of State of California (Ninth Circuit; March 6, 2013) (Case No. 11-55316).