[EL] Conyers/Circulator Requirements
Scott F. Bieniek
sbieniek at bienieklaw.com
Tue May 13 18:30:29 PDT 2014
He may find the road easier to travel given that he is a major party candidate and sitting member of Congress.
We had a similar case while I was at Bopp's firm involving a challenger to Cantor. The Chief Justice, sitting as the Circuit Justice for the 4th, issued the following. He is up against long odds.
Arguably, Lux had a stronger case because the circulatory only had to be eligible voters. Virginia tried to limit them by Congressional district. Lux ultimately prevailed on the merits even though we lost injunctive relief.
www.supremecourt.gov/opinions/09pdf/10a298.pdf
-Scott F. Bieniek
> On May 13, 2014, at 7:56 PM, Jason Torchinsky <jtorchinsky at hvjlaw.com> wrote:
>
> All,
>
> Assuming that the Michigan registered voter circulator requirement is held to be unconstitutional, are there any cases where a candidate has successfully been able to RETROACTIVELY obtain relief to gain ballot access? Are there any cases that have allowed a candidate to challenge/change the rules of the game after the nominating petition deadline has passed in order to obtain ballot access?
>
> Jason Torchinsky
>
> Sent from my mobile device. Please excuse any typos.
>
> On May 13, 2014, at 6:14 PM, "Richard Winger" <richardwinger at yahoo.com> wrote:
>
>> Yes, the Sixth Circuit ruled in Nader v Blackwell that states can't require candidate petition circulators to be either registered voters or residents of that state. Michigan is in the Sixth Circuit.
>>
>>
>> Richard Winger
>> 415-922-9779415-922-9779
>> PO Box 470296, San Francisco Ca 94147
>>
>> From: Adam Bonin <adam at boninlaw.com>
>> To: law-election at UCI.EDU
>> Sent: Tuesday, May 13, 2014 2:53 PM
>> Subject: [EL] Conyers/Circulator Requirements
>>
>> The ACLU, and now Rep. John Conyers himself, are suing the state of Michigan over its requirement that circulators of candidate nominating petitions be registered voters. I know that a number of courts have deemed unconstitutional in-district residency requirements for circulators, but has this type of challenge been successful? http://www.detroitnews.com/article/20140512/METRO/305120120
>>
>> Adam C. Bonin
>> The Law Office of Adam C. Bonin
>> 1900 Market Street, 4th Floor
>> Philadelphia, PA 19103
>> (215) 864-8002(215) 864-8002 (w)
>> (215) 701-2321 (f)
>> (267) 242-5014(267) 242-5014 (c)
>> adam at boninlaw.com
>> http://www.boninlaw.com
>>
>>
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