State Regulation of the Initiative Process: Buckley v. American Constitutional Law Foundation, Inc., et al. (CRS Report for Congress)
| Release Date |
Jan. 21, 1999 |
| Report Number |
RS20024 |
| Report Type |
Report |
| Authors |
T.J. Halstead, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
While the authority to regulate political expression is sharply circumscribed by the Constitution, states traditionally have been granted significant leeway in regulating the electoral process for the sake of efficiency and veracity. Due to an increase in state attempts to regulate petition initiatives, these two divergent bodies of law have given rise to a great deal of confusion as to the point at which state regulation of the electoral process becomes violative of the First Amendment freedoms. The Supreme Court addressed this conflict recently in Buckley v. American Constitutional Law Foundation, Inc., et al., clarifying the debate by analyzing various provisions of Colorado laws regulating initiative petitions.
