Dustin McDaniel

Summary

Justice Hart would have held that Act 1413 was unconstitutional in its entirety because its cumulative requirements for circulating, filing, and counting initiative and referendum petitions substantially burdened fundamental rights protected by Amendment 7 and were not narrowly tailored to preventing fraud. She agreed that certain provisions were unconstitutional but rejected the majority's piecemeal analysis, reasoning that the Act's overall effect was to chill and effectively deny petition rights. Justice Wood, concurring in part and dissenting in part, would have upheld the entire Act, including the two-county signature prohibition and petition-gathering dead period.