*1 803 1972 October 3, Bridge Jersey. Super. No. A-362. Ct. N. J. New Application stay presented Mr. Justice Douglas, himby referred to the Court, denied. Jus- Mr. Douglas would grant stay. tice 5,
October of Texas D. C. W. D. of Texas. Bullock, Tex. Application for temporary restraining order, Douglas sented to himby referred to the Court, denied.
Mr. Justice Douglas, dissenting.
The American Party, seeking the Texas bal- year’s lot for this election, brought an action which asked a three-judge federal court to hold provisions of the Texas election laws unconstitutional.
Texas has four methods those First, party’s whose gubernatorial candidate polled than 200,000 more general votes the last election may be nominated through Election Code, (1967). Art. 13.02 Second, party’s those whose candi- polled dates less than 200,000 votes but more than 2% of the total votes cast for governor may be nominated by primaries or by nominating conventions. Election Art. 13.45 Code, (Supp. subd. 1972). Third, those whose polled gubernatorial vote and those whose did not have a nominee for governor in the general last nominated fulfilling require- ments of 13.45 subd. 2 of the Art. Election Code (Supp. 1972). Fourth, nonpartisan and independent candidates
may appear requirements on the ballot after meeting Art. 13.50 the Election Code. *2 Party
The American falls the third category. printed order to nominees on the ballot it must meet following the requirements: by previous September
It in- must declare its by tention to nominate convention. That entails a party organization statewide with an executive com- mittee. It requires filing also of by February of the names of the it candidates; by of rules requires filing party requires March. holding precinct day pri- conventions of the on mary county and the holding conventions the follow- day week and ing a state convention on a certain. must addition do the following: (1) participants It must furnish a list of in each cinct the names, regis- convention with addresses, qualified tration certificate numbers of voters attending such on conventions. names the list total at must least of the total votes cast for governor at the last % preceding general election. If
(2) qualified the number of attending voters precinct than there must be filed less conventions 1%, petition that requesting names nominees be printed ballot, signed the election a sufficient num- ber qualified of additional voters to make a combined total of at for governor votes cast in the last election. person year No
(3) during voted at who any primary participated any election or any other attend con- If petition. subject vention or he he is does, penalties. criminal (4) petition not be circulated until after the holding major parties’ primaries. date set for the of the Signatures must certified before 20 after the date approxi- in 1972 it convention, gave of the mately days gather signatures. must be ad- person who
(5) signs Each time he notary public an before a ministered oath signs. oppressive as
This election scheme severe or as Rhodes, the one we condemned in Williams 393 U. S. in approved one we benign nor is it as the 23; Forison, 403 U. S. gov- of the voters requires While Texas party, the new that ernor to endorse attending pre- be met obtaining signatures by signatures if need supplemented, be, cinct conventions, *3 signing But all cross-over primaries. obtained after supported by criminal is barred and it is sanctions. be obtained signatures can Moreover, supplemental held their only major parties have after the 55-day obtaining is available for only period And a necessary signatures. vote for requirement
While the Georgia’s requirement be less than governor filling election for the vote in the last eligible to the Texas ma- seeking, is of the office the candidate almost as minority party chinery launching for in we struck down as the one cumbersome and involved Rhodes. Williams though even must be statewide minority party or to rural essentially to urban voters may be appeal
its did not be. That voters, as the case Georgia’s in scheme. appear circulating allowed for
In was Georgia days. Texas, petition; meet the same minority party had to In Georgia primaries in the running as did deadline candidates first regular parties parties. Texas regular minority party then can a primaries; have their no one Moreover, for signatures solicit primary eligible in a to who voted minority party. for the minority support therefore draw its unwilling
from ranks of those who were either parties. of the established primaries unable to vote compete therefore cannot it must be content the leftovers to regular parties; with get on the ballot. Fortson, supra, 438, “Georgia’s said in at
We laws, Ohio’s, operate unlike do not to freeze quo.” Texas, though the status severe as Ohio, me, works that direction. therefore seems to prima facie, impose an invidious discrimination political group. on the unorthodox full Perhaps argument dispel would these doubts. But they are strong grant requested so that would Party may so that for the American on the presidential Texas ballot next election. To month’s do so it must be certified no possibly later than October 6. We cannot decide the if merits that date. But the American is on the ballot, the rights and associational have we been protect alert to will be and if honored; meanwhile the merits are reached and we affirm three-judge *4 court, holding the Texas scheme bal constitutional, lots will counted. That way was the Black avoided the dilemma case;* Florida would follow his course here. Whitcomb, Governor Indiana, Communist et al. D. C. N. D. of Indiana
Ind. Motion applicants emergency presented him referred to the Justice Rehnquist, Court, denied as moot. Cross motion of Communist Adams, Davis
*See S.U.