LOCATION: US Circuit Court for the Ninth Circuit
DOCKET NO.: 71-6852
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: Supreme Court of California
CITATION: 415 US 709 (1974)
ARGUED: Oct 09, 1973
DECIDED: Mar 26, 1974
Edward H. Gaylord - for respondent
Marguerite M. Buckley - for petitioner
Facts of the case
Media for Lubin v. PanishAudio Transcription for Oral Argument - October 09, 1973 in Lubin v. Panish
Audio Transcription for Opinion Announcement - March 26, 1974 in Lubin v. Panish
Warren E. Burger:
I have the opinion to announce in number 71-6852.
Lubin against Panish, the registrar of Los Angles County.
The petitioner, an indigent wanted to file for election as county supervisor and the filing fee was $400.
He filed an affidavit of indigency that he had no income and no assets.
We hold that absent some reasonable alternative means of getting on the ballot, a state may not, consistent with constitutional standards, require from an indigent candidate filing fees as a condition to being put on the ballot.
The judgment under review is, therefore, reversed and the case us remanded for further proceedings, not inconsistent with this opinion of the Court.
We will resume arguments in Central Tablet, oh, excuse me.
Mr. Justice Douglas filed a concurring opinion in Lubin against Panish.
Mr. Justice Blackmun with whom Mr. Justice Rehnquist joined, filed an opinion concurring in part.