Chula Vista Citizens for Jobs v. Norris, No. 12-55726 (9th Cir. 2015)
Annotate this CaseTwo associations and two individuals brought this action under 42 U.S.C. 1983 challenging two requirements that the State of California and the City of Chula Vista, California, place on persons who wish to sponsor a local ballot measure: (1) the requirement that official proponents of local ballot initiatives be electors, thereby excluding non-natural persons such as corporations and associations; and (2) the requirement that official initiative proponents identify themselves on the face of the initiative petitions. The district court granted summary judgment to the defendants. The en banc court of the Ninth Circuit affirmed, holding (1) the requirement that the official proponent of an initiative be an elector does not violate Plaintiffs’ First Amendment rights to freedom of speech and association; but (2) the requirement that the name on the official proponent of an initiative be disclosed on the face of the initiative petitions satisfies exacting scrutiny under the First Amendment.
Court Description: Civil Rights. The en banc court affirmed the district court’s summary judgment in an action brought under 42 U.S.C. § 1983 challenging two requirements that the State of California and the City of Chula Vista, California, place on persons who wish to sponsor a local ballot measure: (1) the requirement that the official proponent of a ballot measure be an elector, thereby disqualifying corporations and associations from holding that position; and (2) the requirement that the official proponent’s name appear on each section of the initiative petition that is circulated to voters for their signature. The en banc court held that the requirement that the official proponent of an initiative be an elector, thereby excluding corporations and associations from holding that CHULA VISTA CITIZENS V. NORRIS 3 position, does not violate the plaintiffs’ First Amendment rights to freedom of speech and association. The en banc court also held that the requirement that the name of the official proponent of an initiative be disclosed on the face of the initiative petitions withstands exacting scrutiny under the First Amendment.
This opinion or order relates to an opinion or order originally issued on June 16, 2014.
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