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OKLAHOMA
HB 2123 – Pending
Description- Prohibits the payment of petition circulators based on the number of signatures collected
Pay Restrictions
States that have enacted laws that either prohibit or limit compensation of petition circulators:
- Alaska
- (AS §15.45110) …circulators may not be compensated with more than $1 per signature
- Montana
- (MCA § 13-27-0102(2)(b)) …circulators may not be compensated based on the number of signatures collected
- Nebraska
- (NRS § 32-630(3)(g)) …circulators may not be compensated based on the number of signatures collected
- North Dakota
- (N.D. Cent. Code § 16.1-01-12(11)) …circulators may not be compensated based on the number of signatures collected
- Oregon
- (Or. Const. Art. IV § 1b) …circulators may not be compensated based on the number of signatures collected
- South Dakota
- (SDCL § 12-13-38) …circulators may not be compensated based on the number of signatures collected
- Wyoming
- (Wyo. Stat. § 22-24-125) …circulators may not be compensated based on the number of signatures collected
Case Law dealing with Circulator Payment Restrictions
Initiative & Referendum Institute v. Jaeger, 241 F.3d 614 (8th Cir., 2000)
Appellants filed suit seeking declaratory judgement to have North Dakota provisions which banned petition circulators from receiving payment based on the number of signatures collected and required circulators to be residents of the state. Courts ruled these laws did NOT violate appellants first and fourteenth Amendment rights and allowed the laws to stand.
Initiative & Referendum Institute v. Secretary of State of the State of Maine, Not reported in F. Supp.2d (1999)
Appellants brought suit seeking to have Maine’s band on pay-per-signature of petition circulators ruled unconstitutional as well as the requirement that petition circulators be state residents and registered voters. The court granted summary Judgement to the State of Maine ruling that the provisions were legal and did not violate the rights of the appellants.
Term Limits v. Clark, 984 F.Supp. 470 (Miss., 1997)
Appellants filed suit seeking to have Mississippi's provisions banning pay-per-signature of petition circulators and a residency requirement ruled unconstitutional. The District Court ruled statutes violated first amendment rights and struck them down in part. The residency requirement was allowed to stand, but the payment restrictions were ruled unconstitutional.
Independence Institute v. Buescher, __F.Supp.2d__ (D. Colo., 2010)
Appellants brought suit seeking to have Colorado Statutes regarding pay-per-signature of petition circulators ruled unconstitutional. Court issued preliminary injunction barring officials for enforcing the laws until the conclusion of the case.
Constitution Party of Kansas v. Biggs, Slip Copy 2010 WL 3237293 (D. Kan)
Court ruled Kansas Statute K.S.A 25-302(a), requiring that petition circulators be state residents, unconstitutional.
Meyer v. Grant, 486 U.S. 414 (1988)
Appellant appealed US Court of Appeals ruling that Colorado Statute prohibiting the use of paid circulators as unconstitutional. U.S. Supreme court, in this case, affirmed the ruling of the lower court, agreeing that the statute was a violation of first amendment rights.
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