Potential Signature Gatherers Challenge Elections Code Prohibition

A 9^th Circuit panel has found that the Libertarian Party of Los Angeles County and two signature gatherers had standing to challenge the Elections Code requirement that signature gatherers must be voters in the political subdivision as the candidate.  Libertarian Party v. Bowen (March 6, 2013)

Even though the signature gatherers had not yet attempted to circulate petitions outside of their own districts, they had standing in this pre-enforcement action, said the court, because their injury (refraining from engaging in the signature gathering, which is a First Amendment activity) was based on a well-founded fear that the challenged statute would be enforced.  The 9^th Circuit reversed and remanded the case to the District court, where presumably the issue of the constitutionality of the Elections Code statutes (sections 8066 and 8451) will be considered.