Walker v. Yucht

352 F. Supp. 85, 1972 U.S. Dist. LEXIS 10814
CourtDistrict Court, D. Delaware
DecidedDecember 6, 1972
DocketCiv. A. 4483
StatusPublished
Cited by35 cases

This text of 352 F. Supp. 85 (Walker v. Yucht) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Yucht, 352 F. Supp. 85, 1972 U.S. Dist. LEXIS 10814 (D. Del. 1972).

Opinions

OPINION

ADAMS, Circuit Judge.

This case places before us the constitutionality of Delaware’s durational residency requirement for persons desiring to be candidates for the office of State Representative.1

The facts are undisputed. Plaintiff is a candidate for the office of Representative to Delaware’s General Assembly from the Third Representative District. The defendants are the Board of Elections and Department of Elections of New Castle County, Delaware.

The plaintiff resides in the City of Wilmington and in the Third Representative District, where he moved approximately 17 months ago from the State of Georgia. Having been selected by primary election on August 19, 1972 to be his party’s candidate for State Representative, the plaintiff was placed on the ballot for the general election to be held November 7, 1972. On October 6, 1972, the Attorney General of Delaware ordered that the plaintiff’s name be re[88]*88moved from the ballot for the upcoming election because of his failure to meet the state’s durational residency requirement.2

Plaintiff then instituted this suit, seeking a declaratory judgment that Delaware’s durational residency requirement is unconstitutional and an injunction against his removal from the ballot. The parties filed cross-motions for summary judgment. After the defendants decided to comply with the Attorney General’s order directing removal of plaintiff’s name from the ballot, the court entered a temporary restraining order against such action. Because of the nature of this suit, a three-judge federal district court was convened, pursuant to 28 U.S.C. § 2283. Hearing and argument on the cross-motions for summary judgment and on plaintiff’s prayers for preliminary and final injunctive relief were held on October 20, 1972. In view of the impending election, this Court was impelled to decide the case the same day it heard argument. It denied plaintiff’s motion and granted defendants’ motion for summary judgment.3

The principal contention asserted by plaintiff is that Delaware’s durational residency requirement violates the equal protection clause of the fourteenth amendment of the Constitution by creating distinct classes of old and new residents and by providing only for the former the opportunity to run for political office.

In addressing the constitutional question presented here, we must first ascertain the appropriate equal protection standard to apply in this case.4

The Supreme Court has developed two distinct tests for determining whether particular state action unconstitutionally classifies.5 Under the traditional test, state action will survive an equal protection attack if the classification has a “reasonable basis” for, or is “rationally related” to, the achievement of a legitimate state goal.6 When state action affects some “fundamental right,” 7 however, or if the state’s classification is based upon “suspect” criteria,8 a different, more stringent, constitutional standard is applied. Under this more rigorous test, in the absence of a “compelling interest,” the state’s classification is unconstitutional.9

[89]*89Plaintiff asserts that Delaware’s durational residency requirement hinders fundamental rights of voting, candidacy, and interstate travel and that the Court must, therefore, test the state classification under the compelling interest standard. For the reasons that follow, this Court disagrees. We hold instead that the durational residency requirement here need only be measured against the traditional equal protection test and that, under this calculus it is not unconstitutional.10

I. Identifying Protected Interests11

A. Political Candidacy

Although it has never recognized the right to run for public office as fundamental, the Supreme Court has ruled that those aspiring to become candidates for public office are entitled to equal protection of the laws. In Turner v. Fouche,12 the Court held that a Georgia statute restricting school board membership to freeholders (those owning real property) violates the fourteenth amendment:

“[T]he appellants and the members of their class do have a federal constitutional right to be considered for public service without the burden of invidiously discriminatory disqualifications. The State may not deny to some the privilege of holding public office that it extends to others on the basis of distinctions that violate federal constitutional guarantees.” 13

Finding it unnecessary to determine whether the state must show a compelling interest to justify candidacy restrictions,14 the Court rejected the argument that a person “must own real property if he is to participate responsibly in educational decisions.”15 Although the Court asserted that “it seems impossible to discern any interest the qualification can serve,” 16 Turner’s, holding is obviously based upon a more severe standard than the traditional “rational relation” equal protection test.17 Whereas in earlier cases and in other contexts the Court has been willing to accept as constitutional classifications imperfectly drawn,18 in Turner the re[90]*90striction on political candidacy was struck down because of its over-inclusive nature:

“Whatever objectives Georgia seeks to obtain by its ‘freeholder’ requirement must be secured, in this instance at least, by means more finely tailored to achieve the desired goal.” 19

More recently, in Bullock v. Carter,20 the Supreme Court again had occasion to consider the constitutionality of state restrictions upon the opportunity to run for public office, this time in the setting of a Texas arrangement imposing upon those desiring to run in a political primary the requirement of first paying a substantial filing fee.21 Noting that the “threshold question” was which equal protection standard to apply,22 the Court asserted that it had not “heretofore attached such fundamental status to candidacy as to invoke a rigorous standard of review.” 23

The Court did recognize, however, that “the rights of voters and the rights of candidates do not lend themselves to neat separation; laws that affect candidates always have at least some theoretical, correlative effect on voters.”24 Holding that “the existence of [barriers to candidate access to the primary ballot] does not of itself compel close scrutiny,”25 the Court, because of Harper v. Virginia Board of Elections,26 thought it “essential to examine in a realistic light the extent and nature of [candidacy-restriction] impact on voters.” 27 On the basis of its examination, the Court concluded that the Texas filing fee arrangement was unconstitutional.

Neither

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

Related

Bowler v. State of Maine
Maine Superior, 2014
Robertson v. Bartels
150 F. Supp. 2d 691 (D. New Jersey, 2001)
Civil Service Merit Board of City of Knoxville v. Burson
816 S.W.2d 725 (Tennessee Supreme Court, 1991)
Hankins v. State of Hawaii
639 F. Supp. 1552 (D. Hawaii, 1986)
White v. Manchin
318 S.E.2d 470 (West Virginia Supreme Court, 1984)
Langmeyer v. State
656 P.2d 114 (Idaho Supreme Court, 1982)
Joseph v. City of Birmingham
510 F. Supp. 1319 (E.D. Michigan, 1981)
Matthews v. City of AtLantic City
417 A.2d 1011 (Supreme Court of New Jersey, 1980)
Hetherton v. Sears, Roebuck & Co.
493 F. Supp. 82 (D. Delaware, 1980)
Hall v. Miller
584 S.W.2d 51 (Court of Appeals of Kentucky, 1979)
James F. Antonio v. James C. Kirkpatrick
579 F.2d 1147 (Eighth Circuit, 1978)
Antonio v. Kirkpatrick
453 F. Supp. 1161 (W.D. Missouri, 1978)
Brill v. Carter
455 F. Supp. 172 (D. Maryland, 1978)
Ammond v. Keating
374 A.2d 498 (New Jersey Superior Court App Division, 1977)
Brewster v. Johnson
541 S.W.2d 306 (Supreme Court of Arkansas, 1976)
Wurtzel v. Falcey
354 A.2d 617 (Supreme Court of New Jersey, 1976)
Taggart v. Mandel
391 F. Supp. 733 (D. Maryland, 1975)
Sununu v. Stark
383 F. Supp. 1287 (D. New Hampshire, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
352 F. Supp. 85, 1972 U.S. Dist. LEXIS 10814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-yucht-ded-1972.