United States Fourth Circuit

In a 1983 action in which plaintiffs challenge a Virginia law that requires signatures on nominating petitions be witnessed either by the candidate personally, or by a person who is a resident of the Commonwealth and who is not a minor, the district court's order declaring the witness residency requirement unconstitutional and permanently enjoining its enforcement is affirmed, where: 1) plaintiffs have alleged and demonstrated sufficient injury in fact for standing purposes; 2) residency restrictions bearing on petition circulators and witnesses burden First Amendment rights in a sufficiently severe fashion to merit strict scrutiny; 3) defendant has failed to show that plaintiffs' proposed solution, manifestly less restrictive of their First Amendment rights, would be unworkable or impracticable; and thus, 4) the requirement fails strict scrutiny and is unconstitutional.

Appellate Information

• Decided 05/29/2013
• Published 05/29/2013

Judges

• KING

Court

• United States Fourth Circuit

Counsel