New ballot access case

The First Circuit has decided Perez-Guzman v. Gracia. The opinion strikes down a provision of Puerto Rico law requiring that each person signing a petition endorsing a new political party wishing access to the ballot must do so with a notarized signature. The court explained: "In Puerto Rico, organizations that seek to be recognized as political parties must gather roughly 100,000 endorsing petitions, each signed by a registered voter and sworn to before a notary public. Since only a lawyer can become a notary in Puerto Rico, there are fewer than 8,000 notaries in the entire commonwealth — and notarial services do not come cheap." The court rejected the argument that the law could be justified as a means of preventing fraud.

Thanks to Bill McGeveran for the pointer.

Posted by Rick Hasen at October 9, 2003 04:51 PM