The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, December 4, 1996
Decision: Monday, April 28, 1997
Issues: Civil Rights, Ballot Access
Tags: Rehnquist: Ballot Access and Voting, Rehnquist on iTunes U

Advocates

Richard S. Slowes (Argued the cause for the petitioners)
Laurence H. Tribe (Argued the cause for the respondent)

Facts of the Case

Under Minnesota law, candidates for political office are prohibited from appearing on more than one party's ballot. When the Twin Cities Area New Party, a chapter of the national New Party, nominated someone for state representative who was already another political party's candidate, Minnesota election officials declined its petition. When the New Party challenged Minnesota's election laws the District Court upheld their constitutionality, but was reversed by the state's Court of Appeals. The Supreme Court granted certiorari.

Question

Did Minnesota's anti-fusion laws, banning a candidate from appearing on more than one party's ballot, violate the association rights protected under the First and Fourteenth Amendments?

Conclusion

No. In its 6-to-3 opinion, the majority weighed the character and magnitude of the burden imposed by anti-fusion laws on association rights against Minnesota's stated interest in the necessity of such laws. It upheld Minnesota's interest in ballot integrity and political stability. According to the Court, prohibiting political parties from naming another party's candidate as their own did not overly burden their association rights since they were still free to endorse the other party's candidate. The only thing they could not do was "fuse" another party's candidate to their own petitions.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Timmons, 3 vote(s) against
Legal Provision: Association
Wrote the majority opinion
Rehnquist
Wrote a dissent
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Voted with the majority
Kennedy
Wrote a dissent, joined Stevens' dissent
Souter
Voted with the majority
Thomas
Voted with the minority, joined Stevens' dissent
Ginsburg
Voted with the majority
Breyer
Full Opinion by Chief Justice William H. Rehnquist

Cite this page

The Oyez Project, Timmons v. Twin Cities Area New Party, 520 U.S. 351 (1997),
available at: <http://www.oyez.org/cases/1990-1999/1996/1996_95_1608/>
(last visited ).