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MILLER v. THURSTON

No. 20-2095.

967 F.3d 727 (2020)

Bonnie Heather MILLER; Robert William Allen; Adella Dozier Gray; Arkansas Voters First Plaintiffs-Appellees v. John THURSTON, in his official capacity as Secretary of State of Arkansas Defendant-Appellant Honest Elections Project; State of Ohio; State of Alabama; State of Alaska; State of Arizona; State of Indiana; State of Kentucky; State of Nebraska; State of North Dakota; State of Texas; State of Oklahoma; State of South Dakota; Arkansas State Chamber of Commerce Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2020.

Attorney(s) appearing for the Case

David Couch , David A. Couch, PLLC, North Little Rock, AR, Mark P. Gaber , Christopher Lamar , Dana Paikowsky , Paul March Smith , Campaign Legal Center, Washington, DC, Ruth M. Greenwood , Campaign Legal Center, Cambridge, MA, Annabelle E. Harless , Campaign Legal Center, Chicago, IL, Robert Neil Weiner , Arnold & Porter, Washington, DC, for Plaintiffs-Appellees.

William C. Bird, III , Nicholas Jacob Bronni , Michael A. Cantrell , Assistant Solicitor General, Vincent M. Wagner , Attorney General's Office, Little Rock, AR, for Defendant-Appellant.

Cameron Thomas Norris , Consovoy & McCarthy, Arlington, VA, Patrick N. Strawbridge , Consovoy & McCarthy, Boston, MA, for Amicus on Behalf of Appellant(s) Honest Elections Project.

Benjamin Michael Flowers , Attorney General's Office, Columbus, OH, for Amici on Behalf of Appellant(s) State of Ohio, State of Alabama, State of Alaska, State of Arizona, State of Indiana, State of Kentucky, State of Nebraska, State of Texas, State of Oklahoma, State of South Dakota.

Justin Taylor Allen , Gary D. Marts, Jr. , Wright & Lindsey, Little Rock, AR, for Amicus on Behalf of Appellant(s) Arkansas State Chamber of Commerce.

Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges.

The plaintiffs sued to enjoin the Arkansas Secretary of State from enforcing Arkansas's initiative petition rules requiring in-person contact between petition circulators, petition signers, and notaries. As applied to them, the plaintiffs claimed, these requirements violate their First Amendment rights. The district court granted...

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