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Stories Posted on April 29, 2008
Ballot Access Argument in 9th Circuit Goes Well
Category: Arizona · State: Arizona · Source: Ballot Access News
On April 15, the 9th circuit held oral arguments in Nader v Brewer, a case filed in 2004 which challenges two Arizona election laws: (1) the law making it illegal for anyone who doesn’t live in Arizona to circulate an independent candidate petition; (2) the early June petition deadline, the 2nd earliest in the nation for independent presidential candidates. The hearing went well for the plaintiffs. The court spent much more time talking about issue (1). Judge Consuelo Callahan seemed to say she feels that restriction can only be upheld if it necessary for a compelling state interest (the “strict scrutiny” test), and seemed dubious that the U.S. District Court (which had upheld both laws) had applied strict scrutiny.