Appeals court allows release of R-71 petitions

  • Jerry Cornfield
  • Thursday, October 15, 2009 12:39pm
  • Local News

A three-judge panel of the 9th Circuit Court of Appeals ruled today that the state can release the names of the 138,000 people who signed petitions for Referendum 71.

Here is the order issued today:

The court, after consideration of the record and briefs of the parties, and oral

argument, has determined that the district court’s Order Granting Plaintiffs’

Motion for Preliminary Injunction (the “Preliminary Injunction Order”), filed

September 10, 2009, relies on an incorrect legal standard and, therefore, must be


It is therefore ordered:

1. Appellants’ motion for a stay pending appeal is granted and the

Preliminary Injunction Order is hereby stayed, effective immediately, pending final

resolution of these appeals.

2. An opinion setting forth the reasons for the court’s reversal of the

Preliminary Injunction Order shall be issued expeditiously and in due course.

Here’s the reaction from the Secretary of State Sam Reed:

“I’m glad the 9th Circuit has upheld what we have been saying. These petitions are not like a secret ballot, but amount to taking part in our legislative process, which is required to be open and accountable.”

And state Elections Director Nick Handy:

“The winner here is open government.”

The Secretary of State’s Office has disks containing the names ready for distribution.

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