Supreme Court Rules Petition Signers Can't Keep Names Secret

WASHINGTON, June 24, 2010— -- The Supreme Court ruled today that petition signers on state ballot referenda do not have a constitutional right to keep their names anonymous.

"We conclude that such disclosure does not, as a general matter, violate the First Amendment," wrote Chief Justice John Roberts for an 8-to-1 majority.

But Roberts left open the possibility that a court could, in some specific cases, review claims where disclosure requirements might subject some signatories to harassment or reprisal.

The case came to the court from Washington state after the group Protect Marriage Washington (PMW) organized a petition drive to place a referendum on the ballot to give voters the opportunity to repeal a state law that gave same-sex partners the same rights as married couples.

As the petition drive was organized, some supporters of the law warned they would use a Washington State Public Records Act to identify the names of those who had signed the petition in order to encourage "uncomfortable conversation."

Washington law requires signatories to produce their names and addresses so that election observers can verify the signatures. It also mandates the information is open for public release.

Lawyers for PMW filed suit in federal court, fearful that if the names were made public the signers could be subject to harassment and retaliation.

The court said today that public disclosure of the names "promotes transparency and accountability" in the electoral process. "Public disclosure of referendum petitions in general is substantially related to the important interest of preserving the integrity of the electoral process," Roberts wrote.

But the court said today's ruling concerned the broad disclosure of petition signers in all contexts.

"We note," Roberts wrote, "that upholding the law against a broad-based challenge does not foreclose a litigants' success in a narrower one."