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IDAHO COALITION UNITED FOR BEARS v. CENARRUSSA

No. 02-35030.

342 F.3d 1073 (2003)

Idaho Coalition United for Bears, a political committee; Lynn Fritchman, an individual; Don Morgan, an individual; Ronald D. Rankin, an individual; Initiative and Referendum Institute, a not-for-profit corporation, Plaintiffs-Appellees, v. Pete T. Cenarrussa, in his official capacity as Secretary of State for the State of Idaho, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2003.

Attorney(s) appearing for the Case

Brian P. Kane, Deputy Attorney General, and Alan G. Lance, Attorney General, Boise, ID, for the defendant-appellant.

Paul Grant, Englewood, CO, for the plaintiff-appellees.

Christopher Troupis, Troupis and Summer, Merididan, ID, for the plaintiff-appellees.

Before: Stephen Reinhardt, William A. Fletcher, and Ronald M. Gould, Circuit Judges.

Argued and Submitted March 7, 2003 — Seattle, Washington.

OPINION

REINHARDT, Circuit Judge.

Idaho permits direct legislation through ballot initiatives. In order to appear on the ballot, an initiative must meet several conditions; one is that signatures in support of the initiative must be collected from six percent of the qualified voters in each of at least half of the state's counties. Because Idaho's counties vary widely in population...

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