Legal Opinion · Concurrence

Citizens Committee for the D.C. Video Lottery Terminal Initiative v. District of Columbia Board of Elections & Ethics

District of Columbia Court of Appeals

Decided September 28, 2004No. 04-AA-957Published

1ConcurrenceRuiz, Associate Judge

I cannot agree that the Board’s disqualification of the signatures gathered by all the circulators affiliated with the Stars & Stripes operation can be squared with the demands of the First Amendment or brought within our decided cases. The Board’s ultimate determination is nonetheless sustainable on a narrower ground subsumed in the Board’s opinion.

Notwithstanding generalized allegations, the evidence of specific misconduct was limited to a third of the seventy-nine circu-lators affiliated with Stars & Stripes. The Board had testimonial evidence of wrongdoing by thirteen circulators,1 and…

2Cases cited9 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Whitney v. CaliforniaSupreme Court of the United States · 1927
  3. Buckley v. American Constitutional Law Foundation, Inc.Supreme Court of the United States · 1999
  4. Guilford Transportation Industries, Inc. v. WilnerDistrict of Columbia Court of Appeals · 2000
  5. Thomas v. United StatesDistrict of Columbia Court of Appeals · 1982

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