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Morse v. Republican Party

Morse v. Republican Party

Supreme Court of the United States

October 2, 1995, Argued ; March 27, 1996, Decided

No. 94-203.

Opinion

 [*190]  [**1191]  [***355]    JUSTICE STEVENS announced the judgment of the Court and delivered an opinion, in which JUSTICE GINSBURG joins.

 In 1994, all registered voters in Virginia who were willing to declare their intent to support the Republican Party's nominees for public office at the next election could participate in the nomination of the Party's candidate for the office of United States Senator if they paid either a $ 35 or $ 45 registration fee. Appellants contend [****11]  that the imposition of that fee as a condition precedent to participation in the candidate selection process was a poll tax prohibited by the Voting Rights Act of 1965. The questions we must decide are whether § 5 of the Act required preclearance of the Party's decision to exact the fee and whether appellants were permitted to challenge it as a poll tax prohibited by § 10.

On December 16, 1993, the Republican Party of Virginia (Party) issued a call for a state convention to be held on June 3, 1994, to nominate the Republican candidate for United States Senator. The call invited all registered voters in Virginia to participate in local mass meetings, canvasses, or conventions to be conducted by officials of the Party. Any voter could be certified as a delegate to the state convention by a local political committee upon payment of a registration fee of $ 35 or $ 45 depending on the date of certification. Over 14,000 voters paid the fee and took part in the convention.

In response to the call, appellants Bartholomew, Enderson, and Morse sought to become delegates to the convention.  [*191]  As a registered voter in Virginia willing to declare his or her intent to support the [****12]  Party's nominee, each was eligible to participate upon payment of the registration fee. Bartholomew and Enderson refused to pay the fee and did not become delegates; Morse paid the fee with funds advanced by supporters of the eventual nominee.

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517 U.S. 186 *; 116 S. Ct. 1186 **; 134 L. Ed. 2d 347 ***; 1996 U.S. LEXIS 2164 ****; 64 U.S.L.W. 4207; 96 Cal. Daily Op. Service 2072; 96 Daily Journal DAR 3467; 9 Fla. L. Weekly Fed. S 459

FORTIS MORSE, KENNETH CURTIS BARTHOLOMEW AND KIMBERLY J. ENDERSON, APPELLANTS v. REPUBLICAN PARTY OF VIRGINIA ET AL.

Prior History:  [****1]  ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA.

Disposition: 853 F. Supp. 212, reversed and remanded.

CORE TERMS

political party, voting, convention, preclearance, candidates, election, cases, ballot, general election, delegates, nomination, nominee, voters, voting rights, changes, regulation, political subdivision, coverage, practices, district court, state action, qualifications, rights, poll tax, primary election, parties, registration fee, state-action, entities, election process

Governments, Federal Government, Elections, State & Territorial Governments, General Overview, Constitutional Law, Bill of Rights, Fundamental Freedoms, Freedom of Association