Gerende v. Board of Supervisors of Elections of Baltimore

Supreme Court

Gerende v. Board of Supervisors of Elections of Baltimore

341 U.S. 56, 71 S. Ct. 565, 95 L. Ed. 2d 745, 1951 U.S. LEXIS 2015

CourtSupreme Court of the United States

DecidedApril 30, 1951

Docket577

StatusPublished

Cited by106 cases

This text of 341 U.S. 56 (Gerende v. Board of Supervisors of Elections of Baltimore) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gerende v. Board of Supervisors of Elections of Baltimore, 341 U.S. 56, 71 S. Ct. 565, 95 L. Ed. 2d 745, 1951 U.S. LEXIS 2015 (1951).

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Opinion

Per Curiam.

This is an appeal from a decision of the Court of Appeals of the State of Maryland the effect of which is to deny the appellant a place on the ballot for a municipal election in the City of Baltimore on the ground that she has refuséd to file an affidavit required by state law. Md. Laws 1949, c. 86, § 15. -Md.-, 78 A. 2d 660. The scope of the state law was passed on in Shub v. Simpson, - Md. -, 76 A. 2d 332. We read this decision to hold that to obtain a place on a Maryland ballot a candidate need only make oath that he is not a person who is engaged “in one way or another in the attempt *57 to overthrow the government by force or violence,” and that he is not knowingly a member of an organization engaged in such an attempt. -Md. at-, 76 A. 2d at 338. At the bar of this Court the Attorney General of the State of Maryland declared that he would advise the proper authorities to accept an affidavit in these terms as satisfying in full the statutory requirement. Under these circumstances and with this understanding, the judgment of the Maryland Court of Appeals is

Affirmed.

Mr. Justice Reed concurs in the result.

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Per Curiam.

This is an appeal from a decision of the Court of Appeals of the State of Maryland the effect of which is to deny the appellant a place on the ballot for a municipal election in the City of Baltimore on the ground that she has refuséd to file an affidavit required by state law. Md. Laws 1949, c. 86, § 15. -Md.-, 78 A. 2d 660. The scope of the state law was passed on in Shub v. Simpson, - Md. -, 76 A. 2d 332. We read this decision to hold that to obtain a place on a Maryland ballot a candidate need only make oath that he is not a person who is engaged “in one way or another in the attempt *57 to overthrow the government by force or violence,” and that he is not knowingly a member of an organization engaged in such an attempt. -Md. at-, 76 A. 2d at 338. At the bar of this Court the Attorney General of the State of Maryland declared that he would advise the proper authorities to accept an affidavit in these terms as satisfying in full the statutory requirement. Under these circumstances and with this understanding, the judgment of the Maryland Court of Appeals is

Affirmed.

Mr. Justice Reed concurs in the result.

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Bluebook (online)

341 U.S. 56, 71 S. Ct. 565, 95 L. Ed. 2d 745, 1951 U.S. LEXIS 2015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerende-v-board-of-supervisors-of-elections-of-baltimore-scotus-1951.

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