LOCATION: U.S. District Court
DOCKET NO.: 72-887
DECIDED BY: Burger Court (1972-1975)
CITATION: 415 US 767 (1974)
ARGUED: Nov 05, 1973
DECIDED: Mar 25, 1974
Gloria T. Svanas - for appellants in No. 72—887
Gloria Tanner Svanas -
John L. Hill - for appellee
Laurel Dunn - for the United States House of Representatives from the Eleventh Congressional District
Robert W. Hainsworth - for appellant in No. 72 942, pro se
Facts of the case
Media for American Party of Texas v. WhiteAudio Transcription for Oral Argument - November 05, 1973 in American Party of Texas v. White
Audio Transcription for Opinion Announcement - March 25, 1974 in American Party of Texas v. White
Byron R. White:
In 72-887 and 72-942, the American Party and Hainsworth cases, we have somewhat similar challenges raised to the provisions of the Election Code in Texas.
This time, both new or small parties are involved as well as independent candidates.
Insofar, as the provision regulates the access to the ballot by the new parties and independent candidates, we affirm the judgment below which sustained the statutes.
We also think that District Court dealt with the challenge to the Texas campaign-financing law satisfactorily and that court sustained it and we affirm in that respect.
But the Texas statutes also deny the benefits of the absentee ballot to new or minority parties and in this respect, we think the judgment below should be vacated before further proceedings are consistent with the principle stated in the opinion that we have filed today.
Mr. Justice Douglas has filed a dissenting opinion.