LOCATION: Bureau of Indian Affairs
DOCKET NO.: 72-812
DECIDED BY: Burger Court (1972-1975)
CITATION: 415 US 724 (1974)
ARGUED: Nov 05, 1973
DECIDED: Mar 25, 1974
Clayton P. Roche - for appellees
Joseph Remcho - for appellants
Paul N. Halvonik - for appellants
Facts of the case
Media for Storer v. BrownAudio Transcription for Oral Argument - November 05, 1973 in Storer v. Brown
Audio Transcription for Opinion Announcement - March 25, 1974 in Storer v. Brown
Warren E. Burger:
Thank you, Mr. Justice Blackmun.
The disposition of 72-812, Storer against Brown, 72-6050 Frommhagen against Brown, 72-887, 72-942 American Party of Texas and White and Hainsworth against White and 73-88 U.S. against Edwards will be announced by Mr. Justice White.
Byron R. White:
In the Storer and Frommhagen cases there is an appeal from a three-judge District Court judgment, holding various provisions of a California Election Code constitutional.
The provisions in general regulate the access of independent candidates to the ballot.
Insofar as the Storer and Frommhagen are concerned, they were bared from the general election ballot by a provision of the code forbidding independent candidates from running as independents if they had been affiliated with a authorized political party within a specified time prior to the primary election.
We agree with the District Court that, that provision is valid, but there are other parties to this litigation Messrs Halls and Tyner were barred from the ballot for failure to satisfy the signature requirements in the California Court.
As to that part of the judgment we vacate it.
We think that further proceedings necessary in the District Court, but in all other respects the judgment is affirmed.
Mr. Justice Brennan has filed a dissenting opinion in which Justices Douglas and Marshall have joined.