mandel bradley argued february decided june appellees action challenging constitutionality maryland statute requiring independent candidate statewide federal office order qualify position general election ballot file days date party primaries nominating petitions signed least state registered voters district warranted holding basis summary affirmance tucker salera maryland statute early filing deadline unconstitutional burden independent candidate access ballot rather relying salera controlling precedent district conducted independent examination merits constitutional standards set forth storer brown determining extent burden imposed independent candidates vacated remanded george nilson deputy attorney general maryland argued cause appellants briefs francis burch attorney general robert zarnoch assistant attorney general jon brown argued cause filed brief appellees per curiam candidates statewide federal office maryland may obtain place general election ballot filing state administrative board election laws certificate candidacy days political party primary election winning primary alternatively provisions maryland election code candidate statewide federal office may qualify position general election ballot independent filing days date party primaries held nominating petitions signed least state registered voters certificate candidacy md elec code ann supp presidential election years filing date occurs approximately days general election years occurs days general election appellee bruce bradley decided spring run independent candidate senate presidential election year starting fall bradley collected signatures nominating petitions requisite number march deadline filing bradley submitted signatures filed certificate candidacy senate seat however april state administrative board election laws determined signatures valid denied place ballot two weeks later bradley appellees petition signers voter supporters bradley filed instant suit alleging procedures mandated md elec code supp constitute unconstitutional infringement associational voting rights first fourteenth amendments complained maryland early filing date made difficult bradley obtain requisite number signatures party member win primary sought inter alia injunction future enforcement offending provision maryland election procedures district agreed appellees early filing deadline supp unconstitutional burden independent candidate access ballot ordered appellants give bradley days party primaries gather requisite number signatures based holding summary affirmance tucker salera supp ed salera declared unconstitutional pennsylvania law setting deadline independent candidate gather signatures obtain place ballot days general election presidential election year pennsylvania law independents submit signatures largest vote cast candidate preceding statewide general election gather required signatures within period prior filing deadline declaring pennsylvania statute invalid relied short period signature gathering thought valid storer brown solely early deadline submission necessary signatures found deadline substantially burdened ballot access independents requiring obtain necessary signatures time election issues undefined voters apathetic also rejected various countervailing state interests urged summarily affirmed judgment salera case viewed summary affirmance salera controlling precedent proposition early filing dates employed maryland unconstitutionally burdensome independent candidate access ballot therefore decided favor appellees noted probable jurisdiction district erred believing affirmance salera adopted reasoning well judgment case thus required district conclude early filing date impermissibly burdensome hicks miranda held lower courts bound summary actions merits noted scertaining reach content summary actions may present issues real substance summary affirmance affirmance judgment rationale affirmance may gleaned solely opinion summarily affirm without opinion affirm judgment necessarily reasoning reached unexplicated summary affirmance settles issues parties read renunciation doctrines previously announced opinions full argument omitted fusari steinberg burger concurring district ruled legally salera decides issue us latest expression bound follow app jurisdictional statement precedential significance summary action salera however assessed light facts case immediately apparent facts different facts case addition early filing date signatures gathered within period limited time enormously increased difficulty obtaining number signatures necessary qualify independent candidate combination early filing deadline limitation signature gathering sufficient distinguish salera case us limitation period within signatures must gathered short salera mandate result reached district case preoccupation salera district failed undertake independent examination merits appropriate inquiry set storer brown supra context maryland politics reasonably diligent independent candidate expected satisfy ballot access requirements rarely unaffiliated candidate succeed getting ballot past experience helpful always unerring guide one thing independent candidates qualified regularity quite different matter note state mentions one instance independent candidate qualifying disclaims made comprehensive survey official records perhaps reveal truth matter application standards evidence record first instance task district therefore vacate judgment remand case proceedings consistent opinion ordered footnotes storer brown supra district noted limitation enough invalidate statute clearly recognized limitation combined provisions election law might invalidate statutory scheme district case erred reading storer brown holding irrelevant limited period time signatures must gathered appellees filed action april convened heard argument may announced decision may evidence record years early deadline effective candidate statewide office succeeded qualifying ballot also evidence tending substantiate appellees contention existed variety obstacles way obtaining support independent candidate far advance general election without intimating ultimate view merits appellees challenge doubt sufficient substance warrant remand proceedings district free remand consider appellees argument technical administrative requirements petition signing process unconstitutional burden ballot access question never reached view decision appellees bradley ultimate success qualifying ballot justice brennan concurring join opinion write emphasize treatment rule announced hicks miranda dissent denial certiorari colorado springs amusements rizzo stated view federal state courts give appropriate necessarily conclusive weight summary dispositions rather required held hicks treat summary dispositions appeals conclusive precedents regarding constitutional challenges like state statutes ordinances relying summary affirmance tucker salera auerbach mandel effectively embraces view vividly exposes ambiguity inherent summary dispositions nature detailed analysis essential decision made whether appropriate accord particular summary disposition precedential effect today judges state federal systems notice deciding case authority summary disposition another case must examine jurisdictional statement earlier case certain constitutional questions presented determine judgment fact rests upon decision questions even arguably upon alternative nonconstitutional ground judgment interpreted deciding constitutional questions unless construction disposition plausible words today appropriate necessarily conclusive weight given summary dispositions justice white justice powell joins concurring although many indications district opinion considered tucker salera controlling also independently invalidated maryland law grounds similar employed salera event remand inappropriate fairly arguable district unmistakably record opinion validity maryland law number brethren view defer judgment justice stevens dissenting judgment maryland statute unfairly discriminates independent candidates one respect requires independent make decision become candidate much sooner member national political party party member merely required file certificate candidacy days primary election procedure simple may postpone decision day still satisfy legal requirements candidacy contrast independent must complete signature gathering process day preceding primary election since task obtaining signatures registered voters inevitably require significant amount time independent must make decision run well advance filing deadline opinion state put forward justification disparate treatment moreover potentially matter great significance decision become candidate may prompted sudden unanticipated event great national local importance event occur day primary national party members make timely decision run independents statute evenhanded impact timing important decision candidate must make burdens independent must shoulder heavy enough without requiring make decision formidable opponents must basis record developed district full argument merits therefore affirm judgment jenness fortson upheld georgia filing procedures applicable independent candidates seeking place general election ballot procedures required independent candidate collect signatures least number registered voters last general election office question independent candidate days accomplish task file completed petitions deadline party candidate meet thus procedures filing independents georgia statute similar aspects maryland procedures issue find place handicap independent candidates however question find decisive case neither raised decided jenness see thus decision controlling point kvos associated press quoting webster fall questions merely lurk record neither brought attention ruled upon considered decided constitute precedents reasons stated edelman jordan regard summary affirmance auerbach mandel controlling