concurring in part and concurring in the judgment.
I write separately to clarify our holdings today. First, we hold that Nader has standing to challenge the constitutionality of the voter-registration and residency requirements contained in Ohio Rev.Code § 3503.06.1 Accordingly, we consider the merits of Nader’s constitutional claims. We hold that the voter-registration requirement contained in Ohio Rev.Code § 3503.06 is a severe restriction on political speech which cannot survive strict scrutiny. Similarly, we hold that the residency restriction in § 3503.06 severely limits political speech and is not justified by a sufficient state interest. Therefore, we hold that the voter-registration restriction and the residency restriction contained in § 3503.06 are both unconstitutional in violation of the First Amendment. Finally, we conclude that because these violations were not clearly established in 2004, Blackwell is entitled to qualified immunity.
I also concur in Judge Clay’s opinion, making his opinion the opinion of the court. Judge Clay joins my opinion, making this the opinion of the court.
. The hearing officer excluded some signatures based on an explicit finding of fraud. Lead Op. at pp. 3-4. However, as the lead opinion explains, even when these signatures were excluded, Nader had enough signatures to qualify for the ballot. Id. Nader’s removal from the ballot resulted from the exclusion of signatures gathered by four circulators based on findings that these circulators were not Ohio residents or properly registered voters. Id. at pp. 4-6. Therefore, Nader’s injury is attributable to the requirements contained in § 3503.06 and would be redressed by a decision in Nader’s favor.