Past and Ongoing Litigation

Citizens in Charge Foundation has been or is currently involved in the following cases:

•    Funding of briefs in Citizens for Tax Reform v. Deters. Ohio’s ban on paying petition   circulators by the signature was struck down in 2008. The state’s appeal to the U.S.        Supreme Court was denied.
•    Amicus curiae brief on behalf of the Michigan Civil Rights institute in Operation Kings Dream v. Connerly, supporting the right of initiative proponents to intervene in initiative-related lawsuits.
•    Amicus curiae brief on behalf of the Howard Jarvis Taxpayers Association challenge to California’s ballot title setting process. This brief is in the drafting process.

Citizens in Charge  has been or is currently involved in the following cases:

•    Citizens in Charge v. Miller challenges Nevada’s narrow interpretation of the single-subject requirement for initiatives. This case has been filed in federal district court in Nevada?
•    Citizens in Charge v. Brunner challenges Ohio’s arbitrary referendum title setting process. This case has been filed in federal court in Ohio.
•    Amicus curiae brief in v. Brunner, a case calling for Ohio to abide by its constitutional requirement that new gambling allowances in the state must be put to a statewide vote.
•    Funded briefs in Mann v. Gale, where Nebraska’s Secretary of State was forced to standardize many of the procedures used to verify signatures.
•    A challenge in conjunction with the ACLU to Nebraska’s requirement that petition circulators be state residents, county-based distribution requirement, and requirement that petitions indicate whether circulators are paid or volunteer. A complaint has been drafted and will be filed before the first of the year.

Citizens in Charge and Citizens in Charge Foundation plan to use litigation in 2010 to:

•    Challenge Arizona’s residency requirement. The Ninth Circuit Court of Appeals struck down the application of the law to presidential candidate petitions, but the state still enforces it against initiative and referendum petitions.
•    Challenge Ohio’s distribution requirement for initiatives and referenda.
•    Challenge Alaska’s distribution and residency requirements, as well as the state’s $1 per signature payment limit.
•    Challenge Colorado’s newly enacted ban on paying petition circulators by the signature, registration and training requirements, and existing residency requirement.
•    File a brief in amicus curiae in support of a petition for certiorari challenging a Florida law that restricts collecting petition signatures from voters exiting polling places