Munro v. Socialist Workers Party

479 U.S. 189, 107 S. Ct. 533, 93 L. Ed. 2d 499, 1986 U.S. LEXIS 24, 55 U.S.L.W. 4052
Supreme Court of the United States·Decided December 10, 1986·No. 85-656·Published·Cited by 410 cases

Opinions

Justice White

delivered the opinion of the Court.

The State of Washington requires that a minor-party candidate for partisan office receive at least 1% of all votes cast for that office in the State’s primary election before the candidate’s name will be placed on the general election ballot. The question for decision is whether this statutory require[191] ment, as applied to candidates for statewide offices, violates the First and Fourteenth Amendments to the United States Constitution. The Court of Appeals for the Ninth Circuit declared the provision unconstitutional. 765 F. 2d 1417 (1985). We reverse.

In 1977, the State of Washington enacted amendments to its election laws, changing the manner in which candidates from minor political parties qualify for placement on the general election ballot. Before the amendments, a minor-party candidate did not participate in the State’s primary elections, but rather sought his or her party’s nomination at a party convention held on the same day as the primary election for “major” parties.1 The convention-nominated, minor-party candidate secured a position on the general election ballot upon the filing of a certificate signed by at least 100 registered voters who had participated in the convention and who had not voted in the primary election.2 The 1977 amendments retained the requirement that a minor-party candidate be nominated by convention,3 but imposed the additional requirement that, as a precondition to general ballot access, the nominee for an office appear on the primary election ballot and receive at least 1% of all votes cast for that particular of-[192] flee at the primary election. Wash. Rev. Code §29.18.110 (1985).4

Washington conducts a “blanket primary” at which registered voters may vote for any candidate of their choice, irrespective of the candidates’ political party affiliation.5 A candidate seeking placement on the primary election ballot must declare his candidacy no earlier than the last Monday in July, and no later than the following Friday.6 Minor-party nominating conventions are to be held on the Saturday preceding this filing period.7 The primary election is held on the third Tuesday in September.8

The events giving rise to this action occurred in 1983, after the state legislature authorized a special primary election to be held on October 11, 1983, to fill a vacancy in the office of United States Senator. Appellee Dean Peoples qualified to be placed on the primary election ballot as the nominee of appellee Socialist Workers Party (Party). Also appearing on that ballot were 32 other candidates. At the primary, Mr, Peoples received approximately nine one-hundredths of one percent of the total votes cast for the office,9 and, accordingly, the State did not place his name on the general election ballot.

Appellees (Peoples, the Party, and two registered voters) commenced this action in United States District Court, alleging that § 29.18.110 abridged their rights secured by the First [193] and Fourteenth Amendments. The District Court entered judgment denying appellees relief, but the Court of Appeals for the Ninth Circuit reversed, holding that §29.18.110, as applied to candidates for statewide offices, was unconstitutional. The State filed a timely appeal with this Court, and we noted probable jurisdiction. 474 U. S. 1049 (1986).

Restrictions upon the access of political parties to the ballot impinge upon the rights of individuals to associate for political purposes, as well as the rights of qualified voters to cast their votes effectively, Williams v. Rhodes, 393 U. S. 23, 30 (1968), and may not survive scrutiny under the First and Fourteenth Amendments. In Williams v. Rhodes, for example, we held unconstitutional the election laws of Ohio insofar as in combination they made it virtually impossible for a new political party to be placed on the ballot, even if the party had hundreds of thousands of adherents. These associational rights, however, are not absolute and are necessarily subject to qualification if elections are to be run fairly and effectively. Storer v. Brown, 415 U. S. 724, 730 (1974).

Free access — add to your briefcase to read the full text and ask questions with AI

Munro v. Socialist Workers Party, 479 U.S. 189, 107 S. Ct. 533, 93 L. Ed. 2d 499, 1986 U.S. LEXIS 24, 55 U.S.L.W. 4052 (1986).

479 U.S. 189 (Munro v. Socialist Workers Party) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Boydston v. Padilla CA4/1
California Court of Appeal, 2023
Dnc v. Katie Hobbs
Ninth Circuit, 2020
Schmitt v. Ohio Sec'y of State Jon Husted
341 F. Supp. 3d 784 (S.D. Ohio, 2018)
Utah Republican Party v. Cox
892 F.3d 1066 (Tenth Circuit, 2018)
Emrit v. Oliver
Tenth Circuit, 2018
United Utah Party v. Cox
268 F. Supp. 3d 1227 (D. Utah, 2017)
Leslie Feldman v. Arizona Sec'y of State's Ofc.
840 F.3d 1057 (Ninth Circuit, 2016)
De La Fuente v. Merrill
214 F. Supp. 3d 1241 (M.D. Alabama, 2016)
Hall v. Merrill
212 F. Supp. 3d 1148 (M.D. Alabama, 2016)
Al Pisano v. Kim Strach
743 F.3d 927 (Fourth Circuit, 2014)
Tiraco v. New York State Board of Elections
963 F. Supp. 2d 184 (E.D. New York, 2013)
Butts v. Bysiewicz
5 A.3d 932 (Supreme Court of Connecticut, 2010)
GREEN PARTY OF ARKANSAS v. Daniels
733 F. Supp. 2d 1055 (E.D. Arkansas, 2010)
Daien v. Ysursa
711 F. Supp. 2d 1215 (D. Idaho, 2010)
Blevins v. Chapman
47 So. 3d 227 (Supreme Court of Alabama, 2010)