williams rhodes argued october decided october together socialist labor party et al rhodes governor ohio et also appeal ohio election laws new political party seeking ballot position presidential elections must obtain petitions signed qualified electors totaling number ballots cast last gubernatorial election must file petitions early february election year requirements restrictive statutory provisions virtually preclude new party qualifying ballot position provision exists independent candidates republican democratic parties may retain ballot positions polling votes last gubernatorial election need obtain signature petitions ohio american independent party appellant formed january next six months securing signatures exceeded requirement denied ballot position february deadline expired socialist labor party appellant old party small membership meet requirement parties brought actions challenging ohio election laws violating equal protection clause fourteenth amendment district held laws unconstitutional ruled parties entitled space ballot position parties appealed independent party immediately sought interlocutory relief justice stewart granted order hearing ohio represented place party name ballot without disrupting election long delay several days order socialist labor party sought stay denied party failure move quickly relief state represented time granting relief disrupt election held controversy cases justiciable state laws enacted pursuant art ii constitution regulate selection electors must meet requirements equal protection clause fourteenth amendment pp ohio restrictive election laws taken whole invidiously discriminatory violate equal protection clause give two old established parties decided advantage new parties pp state laws involved heavily burden right individuals associate advancement political beliefs right qualified voters cast votes effectively pp state shown compelling interest justifying burdens pp circumstances ohio must allow independent party candidates president vice president remain ballot subject compliance valid state laws ohio late date required place socialist labor party ballot coming election pp david young argued cause filed briefs appellants jerry gordon argued cause pro hac vice filed briefs appellants charles lopeman argued cause appellees cases briefs william saxbe attorney general ohio justice black delivered opinion state ohio series election laws made virtually impossible new political party even though hundreds thousands members old party small number members placed state ballot choose electors pledged particular candidates presidency vice presidency ohio revised code requires new party obtain petitions signed qualified electors totaling number ballots cast last preceding gubernatorial election detailed provisions ohio election laws result imposition substantial additional burdens accurately summarized judge kinneary dissenting opinion substantially agreed members together various restrictive provisions make virtually impossible party qualify ballot except republican democratic parties two parties face substantially smaller burdens allowed retain positions ballot simply obtaining votes last gubernatorial election need obtain signature petitions moreover ohio laws make provision ballot position independent candidates distinguished political parties state ohio claims power keep minority parties independent candidates ballot art ii constitution provides state shall appoint manner legislature thereof may direct number electors equal whole number senators representatives state may entitled congress ohio american independent party formed january ohio partisans former governor george wallace alabama following six months campaign conducted obtaining signatures petitions give party place ballot signatures eventually obtained required state contends independent party agrees due interaction several provisions ohio laws petitions required filed february secretary state ohio informed party given place ballot neither pleadings affidavits district arguments state denied petitions signed enough qualified electors ohio meet requirement ohio law demonstrated numerical strength independent party argued burdens including early deadline filing petitions requirement primary election conforming detailed rigorous standards denied party certain ohio voters equal protection laws district unanimously agreed contention ruled state must required provide space votes majority district refused hold however party name must printed ballot ground wallace adherents guilty laches filing suit late allow ohio legislature opportunity remedy time presidential balloting defects district held law possessed appellants moved justice stewart circuit justice sixth circuit injunction order party candidates put ballot pending appeal consulting members available state represented grant interlocutory relief interests efficient operation electoral machinery considered chances successful challenge ohio statutes good justice stewart granted injunction socialist labor party appellant formal attributes regular party conventions state executive committee required ohio law permitted place ballot since however filed petitions total signatures required new ohio laws ballot position indeed conceded year panel heard party suit reached similar result space ordered ballot position denied socialist labor party case district assigned party small membership delay bringing suit reasons refusing order complete relief election motion stay district judgment presented justice stewart several days ordered similar relief independent party case motion denied principally socialist party failure move quickly obtain relief consequent confusion caused requiring ohio begin completely reprinting election ballots case set oral argument along independent party case ii iii extended discussion required establish ohio laws us give two old established parties decided advantage new parties struggling existence thus place substantially unequal burdens right vote right associate right form party advancement political goals means little party kept election ballot thus denied equal opportunity win votes also right vote heavily burdened vote may cast one two parties time parties clamoring place ballot determining whether state power place unequal burdens minority groups rights kind stake decisions consistently held compelling state interest regulation subject within state constitutional power regulate justify limiting first amendment freedoms naacp button state failed show compelling interest justifies imposing heavy burdens right vote associate state asserts following interests served restrictions imposes claims state may validly promote system order encourage compromise political stability fact however ohio system merely favor system favors two particular parties republicans democrats effect tends give complete monopoly course reason two parties retain permanent monopoly right people vote competition ideas governmental policies core electoral process first amendment freedoms new parties struggling place must time opportunity organize order meet reasonable requirements ballot position old parties past ohio makes variety arguments support restrictive election laws points example three parties ballot possible one party obtain vote might preferred plurality winner majority voters concededly state interest attempting see election winner choice majority voters grant state power keep political parties ballot enough members win stifle growth new parties working increase strength year year considering ohio laws totality interest justify severe restrictions voting associational rights ohio imposed state also argues requirement party structure organized primary insures disagree major parties policies given choice leadership well issues since leader attempts capitalize disaffection group forced submit primary possibly attractive leaders raise issues compete allegiance disaffected group goal may desirable ohio system achieve since principal policies major parties change extent year year since identity likely major party nominees may known shortly election disaffected group rarely ever cohesive identifiable group months election thus ohio burdensome procedures requiring extensive organization election activities early date operate prevent group ever getting ballot ohio system thus denies disaffected choice leadership choice issues well finally ohio claims highly restrictive provisions justified without large number parties might qualify ballot voters confronted choice confusing popular frustrated experience many including ohio prior demonstrates handful parties attempts qualify ballot positions even low number signatures electorate required true existence multitudinous fragmentary groups might justify regulatory control ohio present time danger seems us theoretically imaginable remote danger justify immediate crippling impact basic constitutional rights involved case course number voters favor party along circumstances relevant considering whether state laws violate equal protection clause said state left broad powers regulate voting may include laws relating qualification functions electors totality ohio restrictive laws taken whole imposes burden voting associational rights hold invidious discrimination violation equal protection clause iv ordered footnotes first primary election new party political party required elect state central committee consisting two members congressional district county central committees county ohio ohio rev code second primary election new party must elect delegates alternates national convention ohio rev code since section ohio rev code prohibits candidate seeking office delegate national convention committeeman voted member different party primary election preceding four year period new party required twelve hundred members previously voted another party primary willing serve committeemen delegates third candidates nomination primary file petitions signed qualified electors ohio rev code term qualified electors adequately defined ohio revised code related section provides qualified elector primary election political party one voted majority party candidates last election never voted election since neither political party plaintiffs candidates last preceding regular state election necessity seek members never voted sign nominating petitions persons vote primary election new party art cl marchetti grosso skinner oklahoma cox louisiana yick wo hopkins brown board education loving virginia see carrington rash skinner oklahoma supra mine workers illinois bar naacp button naacp alabama see new york times sullivan cases cited wesberry sanders supra see also carrington rash supra require third parties obtain signatures less electorate order appear ballot appears significant problem arisen relatively lenient requirements obtaining ballot position cf mine workers illinois bar supra justice douglas candidate seeks place ohio presidential ballot must first compile signatures qualified voters total least voting last gubernatorial election election year candidate need signatures moreover must succeed gathering long general election since nominating petition must filed secretary state february compiled signatures candidate must show received nomination group qualifies political party within meaning ohio law enough independent candidate president wide popular support one must trace support political party qualify party group electors must participate state primary electing one members county ward precinct county central committee two members congressional district state central committee members delegates alternates national convention moreover members seek place primary ballot candidates positions central committeemen national convention delegates must demonstrate vote party primary preceding four years must present petitions endorsement behalf anywhere five voters likewise failed vote party last preceding primary thus qualify third party group must first erect elaborate political machinery rest upon ranks proved unwilling unable vote elected central committee group convene state convention attended delegates duly apportioned throughout state according party strength delegates state convention go choose presidential electors certification november ballot elected delegates national convention go nominate candidate president ohioans sure result decision enjoy opportunity writing man choice ballot presidential election vote candidate operative vote electors representing state prevented candidate presenting slate electors certification vote effect furthermore even operative substitute place ballot force candidate rely burden disability makes difficult get elected voters elect barriers party timing structure great obstacles taken together render difficult impossible man disagrees two major parties run president ohio organize opposition vote third ticket ii iii political life third parties often important channels political dissent aired political ideas channeled programs two major parties history amply proved virtue political activity minority dissident groups innumerable times vanguard democratic thought whose programs ultimately accepted absence voices symptom grave illness society sweezy new hampshire opinion warren equal protection clause fourteenth amendment permits make classifications require treat different groups uniformly nevertheless bans invidious discrimination harper virginia board elections command protects voting rights political groups carrington rash well economic units racial communities entities fundamental rights liberties issue harper virginia board supra state less leeway making classifications deals economic matters think state precious little leeway making difficult impossible citizens vote whomsoever please organize campaigns school thought may choose whatever part spectrum reflects cumbersome election machinery effectively suffocate right association promotion political ideas programs political action right vote totality ohio requirements effects unnecessary decide whether ohio interest compelling abridging rights men drafted bill rights balancing done field konigsberg state bar black dissenting appellees imply kind speech protected government assert interest sufficient weight induce uphold abridgment reject suggestion district held appellants entitled use ballots yet refrained ordering ohio american independent party placed ballot relying partly laches partly presence deemed political questions supp first amendment rights right vote fundamental rights liberties harper virginia board supra claim inclusion justiciable distinguished political questions relief grants meets practical needs appellees preparing distributing ballots socialist labor party lineage goes back presidential contest ballot today although members ohio earnestly presses claim recognition yet started present action late concededly impossible get name ballots relief asked character properly decline allow federal courts play disruptive role state election merits however socialist labor party strong case american independent party brother harlan apparently agrees therefore proper us grant declaratory relief hence concur today decision emphasis different join opinion ohio rev code repl independent candidacy ohio limited municipal offices ohio rev code county offices ohio rev code state offices federal offices excluding president ohio rev code ohio rev code candidate president must first formulate party gathering signatures ohio rev code must turn presented time party participate state primary ohio rev code ohio rev code ohio rev code ohio rev code ohio rev code ohio rev code ohio rev code ohio rev code ohio rev code bates city little rock black douglas concurring smith california black concurring justice harlan concurring result agree american independent party entitled names presidential vice presidential candidates placed ohio ballot forthcoming election practical reasons stated socialist labor party however rest decision entirely proposition ohio statutory scheme violates basic right political association assured first amendment protected state infringement due process clause fourteenth amendment see naacp button bates little rock naacp alabama true ohio directly limited appellants right assemble discuss public issues solicit new members compare thomas collins de jonge oregon near minnesota instead denying appellants opportunity participate procedure president selected state eliminated basic incentive political parties conducting activities thereby depriving appellants much substance form protected rights right one voice heard one views considered appropriate governmental authority core right political association follows particular method presidential electors chosen decisive importance solution constitutional problem us political group right organize effectively position may heard naacp button supra legislature cf eastern presidents conference noerr motor freight rumely harriss right place candidate presidency whatever body power make state selection electors consequently makes difference state ohio may second article constitution place power electoral selection beyond control general electorate requirement imposed due process clause remains matter institution decision entrusted political groups right heard statute require electors members two major parties subject constitutional challenge regardless whether legislature people body empowered make ultimate decision laws state course state may limit right political association invoking impelling policy justification brother black opinion demonstrates ohio able advance justification denying almost half million citizens fundamental right organize effectively political purposes consequently may exclude process presidential electors selected deciding case first impression think unnecessary draw upon equal protection clause means clear equal protection doctrine especially propounded recent state reapportionment cases reynolds sims may properly applied adjudicate disputes involving mere procedure president selected process governed profoundly different principles despite doubts score think perfectly consistent appropriate hold due process clause applicable believe task difficult one involves merely mechanical application commands found fourteenth amendment first section second article constitution rather must attempt accommodate best may narrow provision drafted philadelphia convention broad principles announced fourteenth amendment generations later decision resting solely upon due process clause permit accommodation holding fully respects original purposes early development electoral college one looks beyond language article ii considers convention understanding college ohio restrictive approach seen undermine draftsmen understood essence college created permit knowledgeable members community choose executive nation whose continental dimensions thought preclude informed choice citizenry large state declares entire class citizens ineligible position elector class defined way individual merit plays part strikes basis college originally conceived constitutional grant power intended different purpose madison reports popular election electors basis method mostly exclusively view constitution framed adopted farrand records federal convention quite clear significant dominant group convention contemplated electors chosen methods accommodate members state legislatures given present leeway first four decades republic fact adopt variety methods selecting electors parties case pointed found case legislature attempted statute restrict class enfranchised citizenry considered office whatever body make choice nothing history electoral college moment inception indicates original understanding institution compromised refuse read language art ii granting power arbitrary action radically inconsistent general principles due process clause consequently obstacle holding denies absent overriding state interest right prevent third parties opportunity put candidates attention voters whatever body state designated one choose electors word added constitutional status ohio requirement third party qualify ballot position must collect signatures eligible voters number equal voting last gubernatorial election understand state contest fact wallace partisans successfully gathered signatures required law properly reach issue socialist labor party case party even attempt comply statutory command opinion striking ohio statutory scheme entirety read afford socialist labor party declaratory relief provision think well deal explicitly done view requirement even regarded isolation must fall brother black opinion suggests legitimate interest state may invoke defense barrier candidacies fear without barrier candidacies proliferate numbers create substantial risk voter confusion ohio requirement said reasonably related interest even unprecedented event complete utter popular disaffection two established parties ohio law permit many six additional party candidates compete democrats republicans popular support divided relatively evenly among new groups fundamental freedoms stake unlikely hypothesis support incursion upon protected rights especially since presence eight candidacies said light experience carry significant danger voter confusion ohio electoral history actions taken overwhelming majority suggest opening ballot extent perfectly consistent effective functioning electoral process sum think ohio fallen far short showing compelling state interest necessary overcome otherwise protected right political association since ohio requirement clearly disproportionate magnitude risk may properly act prevent need reach question size signature barrier state may legitimately raise third parties ground left ohio legislature first instance fact appellants chosen pitch argument throughout equal protection clause course limit us reaching decision stage complex process president chosen one man one vote principle reynolds sims followed constitutional decision grant state least three electors regardless population necessary part effort gain consent small provision choice president fell house state delegation cast one vote see peirce people president wilmerding electoral college federalist papers alexander hamilton lodge ed american bar association electing president wilmerding supra macbride american electoral college large number leaders varying ideological convictions favored popular election included hamilton madison james wilson john dickinson rufus king daniel carroll abraham baldwin opponents popular selection included gerry ellsworth luther martin roger sherman see chief justice fuller illuminating opinion mcpherson blacker see also wilmerding supra story compromise found wilmerding supra convention however direct attention precise meaning clause subject consideration see peirce supra electors chosen legislature general electorate basis partly legislature partly people legislature list candidates selected people ways see mcpherson blacker supra wilmerding supra peirce supra leading case area mcpherson blacker supra support claim challenged michigan attempt permit voters select electors rather basis held given early history see supra plenary power alter method electors selected long method attacked fourteenth amendment grounds pursuing analysis unanimous found approach free fourteenth amendment defect perceive reason doubt continuing validity holding brother stewart course quite right pointing presence third parties may occasion result election major candidate reality less preferred majority voters seems clear however many constitutional electoral structures designed accommodate valid state interest without depriving political organizations right participate effectively political process runoff election may mandated party gains majority decision left state legislature case compare fortson morris alternatively voter given right general election indicate first second choice presidency candidate received majority votes votes considered finally electors chosen rather basis thereby apportioning electoral vote way nearly approximating popular vote see mcpherson blacker supra text supra conclude substantial variety less restrictive alternatives available compare naacp alabama saia new york martin struthers thornhill alabama schneider state interest support ohio requirement ohio present statutory scheme product legislative action taken time independent candidates granted place ballot gather signatures registered voters number voting preceding gubernatorial election present petitions days general election state experience unexacting regime instructive voting statistics compiled ohio secretary state reveal since seven parties appeared ballot compete major statewide national office even number attained last years old regime two candidates record state took effective action electors pledged henry wallace gained votes cast since harry truman carried state votes wallace vote might well decisive increased marginally may grouped following categories regard size barriers raise candidacies signatures required electorate de minimis function impose upon ideas wise policy might inclined join brethren compelling ohio election authorities disregard laws enacted legislature state deal however question policy problem constitutional power clear constitution written ohio legislature power done state shall appoint manner legislature thereof may direct number electors equal whole number senators representatives state may entitled congress emphasis supplied electors shall meet respective vote ballot president constitution provide appointment electors shall popular vote electors shall voted upon general ticket majority exercise elective franchise alone choose electors recognizes people act representatives legislature leaves legislature exclusively define method effecting object short appointment mode appointment electors belong exclusively constitution ohio legislature gone provided choice state eligible voters among slates electors put forward political parties meet requirements state laws told today however despite power explicitly granted state legislatures art ii legislature ohio nonetheless violated constitution providing selection electors way perceive constitutional violation agree brethren spite broad language art ii state legislature completely unfettered choosing whatever process may wish appointment electors three separate constitutional amendments explicitly limit legislature power fifteenth amendment makes clear voters included process voter may excluded account race color previous condition servitude nineteenth amendment makes equally clear voter may excluded account sex amendment prohibits exclusion voter reason failure pay poll tax tax claim made case one amendments violated ohio rather said ohio violated provisions fourteenth amendment holds state violated clause amendment prohibits denying person within jurisdiction equal protection laws two concurring opinions emphasize first amendment principles made applicable fourteenth amendment guarantees summarily concluding ohio statutory scheme invalid concede fourteenth amendment imposes limitations upon state legislature freedom choose method appointment electors state may example adopt system discriminates grounds religious political belief agree ohio system violates fourteenth amendment way ii constitutional safeguard offended classification rests grounds wholly irrelevant achievement state objective state legislatures presumed acted within constitutional power despite fact practice laws result inequality statutory discrimination set aside state facts reasonably may conceived justify mcgowan maryland laws ohio classify political parties purposes access state ballot according size strength timely demonstrate widespread support state may submit slate presidential electors ohio voters neither participated past elections show support voting public days primary election may appellants claim provisions discriminate assert although ohio may establish reasonable qualifying standards ballots become unwieldy strength american independent party substantial requirement possibly suffice keep party candidates presidential ballot ohio requirements high contend legislative purpose behind requirements keep new parties even like american independent party gained considerably splinter support ballot requirements conclude thus deny persons position equal protection laws ohio part concedes legislative objective underlying statutes question prevent appearance ballot slates presidential electors whose substantial party support timely demonstrated basic classification drawn provisions irrelevant achievement state objective traditional standard judging validity legislative classification equal protection clause clear seems concede much nonetheless holds ohio provisions invalid result may rest part believe upon possible doubts regarding permissibility legislative objective propriety objective critical issue determination iii pursuing interest ohio time completely prevented new parties gaining access state ballot authorized ballot position parties demonstrate petition support voting public days primary election held brethren seem suggest percentage figure set high date early join kind necessarily arbitrary ohio standards taken represent reasonable attempts accommodating conflicting interests involved although ohio provisions freeze republican democratic parties state election structure specific reference parties true established parties become participants electoral process continue enjoy ballot position long polled vote recent ohio gubernatorial election suggested disparity figure requirement applicable new parties invidiously discriminatory accept theory ohio constitutionally compelled apply precisely numerical test determining whether established parties enjoy widespread support applies determining question regard new parties means clear abstract matter differences parties long ballot state might justify disparate standards determining two classes cases widespread support required ballot position demonstrated event conclude disparity involved denies equal protection laws difference figures difference requirements getting staying ballot seems well within state powers set somewhat different standards two requirements long applies uniformly political parties remaining argument seem republican democratic parties never meet requirement ballot ohio time statutory scheme enacted make certain remain meeting standard ohio legislature well taken notice time provisions enacted parties polled vote recent gubernatorial election republican democratic parties demonstrated strength far beyond figure specified ballot entry new parties seems totally unrealistic therefore conclude minor disparity standards justified state facts reasonably may conceived mcgowan maryland supra iv language art ii great deal history section make clear constitutional right vote presidential electors take therefore first amendment theory brethren rests view despite legitimacy objective underlying ohio laws laws nonetheless effect stifling activity persons disagree major political parties existence concurring opinions cite series decisions protecting termed first amendment right association naacp button bates little rock naacp alabama thomas collins de jonge oregon view however principles decisions based call today result thomas collins de jonge oregon supra design statutes question prevent persons freely meeting together advance political social views ohio laws certainly nature three cases cited involving activities national association advancement colored people statutes challenged face calculated affect associational rights able determine good deal certainty cases however application statutes naacp clearly result considerable impairment rights interest said underlie statutes insubstantial contexts presented believe conclusions general matter regarded prerequisites holding laws involved serve legitimate state interest said impact first amendment activity invalid cf naacp alabama supra instance naacp ordered accord state law disclose membership lists outlined issues follows think production order respects drawn question must regarded entailing likelihood substantial restraint upon exercise petitioner members right freedom association petitioner made uncontroverted showing past occasions revelation identity members exposed members economic reprisal loss employment threat physical coercion manifestations public hostility circumstances think apparent compelled disclosure petitioner alabama membership likely affect adversely ability petitioner members pursue collective effort foster beliefs admittedly right advocate may induce members withdraw association dissuade others joining fear exposure beliefs shown associations consequences exposure turn final question whether alabama demonstrated interest obtaining disclosures seeks petitioner sufficient justify deterrent effect concluded disclosures may well free exercise petitioner members constitutionally protected right association exclusive purpose state authorities determine whether petitioner conducting intrastate business violation alabama foreign corporation registration statute membership lists expected help resolve question issues litigation commenced alabama bill equity whether character petitioner activities alabama make petitioner subject registration statute whether extent petitioner activities without qualifying suggested permanent ouster state without intimating slightest view upon merits issues unable perceive disclosure names petitioner members substantial bearing either record sufficiently appears compulsory disclosure membership lists local branches national association advancement colored people work significant interference freedom association members substantial uncontroverted evidence public identification persons community members organizations followed harassment threats bodily harm also evidence fear community hostility economic reprisals follow public disclosure membership lists discouraged new members joining organizations induced former members withdraw repressive effect part result private attitudes pressures brought bear exercise governmental power threatened force disclosure members names thus threat substantial government encroachment upon important traditional aspects individual freedom neither speculative remote decision case must finally turn therefore whether cities instrumentalities state demonstrated cogent interest obtaining making public membership lists organizations justify substantial abridgment associational freedom disclosures effect record find relevant correlation power municipalities impose occupational license taxes compulsory disclosure publication membership lists local branches national association advancement colored people think confidence conclude ohio interest attempting ensure majority shall prevail insubstantial one requires insensitivity constitutional principles federalism possess tell ohio interest according scale values somehow unworthy implementation conclude therefore first amendment principles call result reached today reporter note justice stewart separate statement socialist labor party et al rhodes governor ohio et see ante art ii provision represented compromise among several conflicting views expressed constitutional convention regarding salutary method choosing president favored method popular election see mcpherson blacker amdt twelfth amendment also specifies procedures selecting president vice president event candidate receives majority votes electoral college see mcpherson blacker supra arious modes choosing electors pursued legislature joint ballot legislature concurrent vote two houses vote people general ticket vote people districts choice partly people voting districts partly legislature choice legislature candidates voted people districts ways mcpherson blacker supra fuller description diverse methods pursued appointing electors art ii country first century constitutional experience see clear decisions cases baker carr gray sanders reynolds sims involving direct popular election candidates state federal office control issues case indeed opinion today suggests cases apposite sustained right voter cast ballot whose numerical weight equal vote cast within jurisdiction question claim made case ohio way violated right appellants plainly object working voting candidates partisan political organizations understand claim discrimination basis ohio failure allow access presidential ballot via independent nominating petition appellants cited us complex group ohio statutes say relevant participation political parties state presidential elections see ohio rev code entirely clear provisions applicable parties participating electoral process first time need examine question since event appellants clearly failed file secretary state ohio february year days state primary election petition signed number voters equal number participating ohio last gubernatorial election ohio rev code interest several chosen protect context state local primary contests providing runoff elections may illustrated hypothetical example assume state dissident faction one two major parties party becomes dissatisfied party nominees sets third party party putting forward candidates liking still members party much prefer candidates party party situation possible party candidates poll example vote party candidates party candidates party candidates situation elected plurality vote election involving candidates parties however persons preferring party candidates might well voted overwhelmingly party thus giving party candidates substantial majority victory date specified instance related ohio requirement political parties hold primary elections another provision seems well within state power enact cf minor happersett wall constitution confer right suffrage upon one naacp cases furthermore held invalid application state laws question parties involved however ohio told read opinion concurring opinions circumstances validly enforce ballot requirements brother harlan suggests ohio interest may protected less restrictive ways light views stated see ohio compelled utilize one method achieving ends rather another event methods mentioned justice harlan appears entail consequences arguably frustrate legitimate state interests serve effectively promote interest question statutory scheme ohio legislature fact enacted think problems raised case solved means facile unelaborated suggestions less restrictive alternatives issues legislative policy complex easy answers satisfactory similar suggestions made early time adoption twelfth amendment see mcpherson blacker reasons stated opinion reasons stated part iv opinion agree denial equitable relief appellants socialist labor party case justice white dissenting concurring agree much brother stewart says dissenting opinion view neither due process clause equal protection clause fourteenth amendment prohibits ohio requiring appointment presidential electors carried political party process hold ohio must accord ballot position unwilling work framework established nascent political party understand appellants make contention connection suggestion majority opinion ohio merely requiring potential candidates participate primary acted unreasonably indeed requirement provides opportunity presentation winnowing candidates surely legitimate objective state policy held ohio requirement pursuant objective parties must show base popular support obtaining signatures ohio gubernatorial voters unreasonable face requirements neither alone combination unconstitutional understand american independent party may ordered ballot objections state independent party complied provision show sufficient base popular support time participation primary indeed party made effort whatsoever comply provisions claims secured necessary number signatures admits wholly ignored requirement petitions filed prior primary election date filed denied participation primary election failure meet requirement case different even commence judicial challenge signature requirement mention gathering signatures time participate primary independent party position complain impossible members gather necessary signatures fact able assemble subsequently might progress toward ballot position encountered later obstacle ohio provisions related later phases election process might imposed unconstitutional barriers ballot position reason excuse independent party complying preconditions state may validly impose majority insists holding primary petition requirement impermissible demerits appears statute books questionable provisions major mystery majority position neither independent socialist labor party entitled relief chief justice warren dissenting seven days consider important constitutional questions presented cases rationale opinion based equal protection clause first amendment guarantee freedom association apply elections national state local already litigants alabama california illinois virginia requested similar relief virtually eve presidential election think fair say ramifications decision today may comparable baker carr case deliberated nearly year appellants belated requests extraordinary relief compelled members decide cases magnitude without unhurried deliberation essential formulation sound constitutional principles appellants invoked equity jurisdiction federal courts placed context litigation us presents issue treated opinion district abuse discretion denying extraordinary equitable relief requested appellants review facts district convinces therefore emergency relief sought appellants denied socialist labor party organized political party ohio since end century although achieved ballot position since enactment laws challenges july press claims equitable relief similarly supporters george wallace institute action july although early governor wallace expressed interest presidency spring year voiced concern restrictive nature ohio qualifying laws nevertheless neither american independent party socialist labor party made effort comply ohio election laws either timely invoked jurisdiction courts opportunity denied state ohio challenge validity signatures gathered american independent party majority assumes reflect strength party ohio however since signatures submitted ohio timely compliance state election laws never verified fact appellants seek file signatures five months statutory filing date despite delays instituting suit failure either party make effort comply ohio election laws district ordered ohio provide voting relief guaranteed ohio voter right vote candidate choice including candidates two parties worst therefore denying appellants position ballot election prevented candidates competing completely equal basis candidates two major parties imminence election parties failure comply ohio law district grant partial relief must considered conjunction need promote orderly relationships reports replete decisions concerning nature relief afforded sensitive areas yet opinion address principles cases analogous area legislative apportionment often tolerated temporary dilution voting rights protect legitimate interests fashioning election laws see lucas colorado general assembly cf davis mann area school desegregation demonstrated even greater deference occasion even counseled abstention first amendment rights allegedly infringed state legislation see harrison naacp example wmca lomenzo holding unconstitutional apportionment new york legislature stated remand district acting equitable principles must determine whether imminence election order give new york legislature opportunity fashion constitutionally valid legislative apportionment plan desirable permit election legislators conducted pursuant existing unconstitutional provisions whether circumstances effectuation appellants right properly weighted voice election state legislators delayed beyond election emphasis added green county school board decided last term provides even striking example concern need refrain usurping authority areas traditionally entrusted green reached years brown board education required schools established free racial discrimination deliberate speed although held green particular plan adopted school board pass constitutional muster case remanded district school board attempt formulate constitutional plan result achieved compatible recognized equitable principles compatible traditional concern manifested reapportionment school desegregation cases preserving properly exercised powers federal system moreover none analogous areas deal express constitutional delegation power delegation unequivocal art ii net result action writing new presidential election law state ohio without giving legislature courts state opportunity appraise statutes litigation eliminate constitutional defects prior decision given lateness hour legitimate demands federalism district abuse discretion denying extraordinary relief appellants demanded ii opinion district leave unresolved restrictions state impose although opinions treat ohio statutes package giving neither ohio courts guidance contains intimations state reasonable regulation condition ballot position upon least three considerations substantial showing voter interest candidate seeking place ballot requirement interest evidenced sometime prior election party structure demonstrating degree political organization propositions agree believe however justice stewart equal protection clause attenuated applicability system state seeks control selection presidential electors whatever may applicable constitutional principles appellants state ohio entitled know whether various provisions attacked litigation comport constitutional standards demonstrated zwickler koota matter first resolved given magnitude questions presented need unhurried deliberation dispose appellants request declaratory relief manner consistent zwickler remand district clearer determination serious constitutional questions raised cases must therefore dissent failure opinion explore dispose adequately declaratory judgment actions well grant extraordinary relief baker originally argued april may set reargument reargued october decision announced march months original argument justice stewart based denial socialist labor party request provisional relief upon following considerations late date motion presented action already taken ohio authorities relief already granted appellants district fact basic issues present fully canvassed argument appeal williams rhodes suggest state ohio made representations comply order granting socialist labor party relief already granted american independent party think significance given fact interim relief granted justice stewart made physically possible place american independent party ballot relief explicitly recognized justice stewart granted solely allow ohio comply possible orders traditional standard review denial equitable relief see brotherhood locomotive engineers fuel gas public serv appellants complaint pp new york times commencing late april governor wallace began tour selected northern press conference pittsburgh april stated expected run president might necessary institute suit third parties difficulty obtaining ballot position aides governor mentioned california ohio difficulty might encountered new york times april ohio election laws require petitions position ohio ballot filed days state primary ohio rev code repl appellants concede brief deadline february yet apparently attempt file petitions late july appellants brief prior history preisler secretary state supp mo probable jurisdiction noted sub nom kirkpatrick preisler aptly demonstrates deference paid legislative action area january district western district missouri held missouri congressional redistricting act unconstitutional refused grant additional relief legislature state missouri opportunity deal problem preisler secretary state supp mo missouri general assembly enacted congressional redistricting act august district held new plan unconstitutional nevertheless permitted missouri congressional elections conducted void act preisler secretary state supp mo affirmed january sub nom kirkpatrick preisler missouri general assembly made still another attempt enact constitutional plan december plan also invalidated supp cf scott germano stated power judiciary state require valid reapportionment formulate valid redistricting plan recognized appropriate action cases specifically encouraged macdougall green contest constitutionality illinois system nominating candidates representative new political parties however macdougall decided reign colegrove green baker carr progeny substantially modified constitutional matrix area fortson morris although concerning constitutionality state election laws involved consideration state procedure state requirements initial ballot qualification hold federal district duty decide appropriateness merits declaratory request irrespective conclusion propriety issuance injunction