timmons acting director ramsey county department property records revenue et al twin cities area new party argued december decided april held minnesota fusion ban violate first fourteenth amendments pp first amendment protects right citizens associate form political parties advancement common political goals ideas colorado republican federal campaign comm federal election may enact reasonable regulations parties elections ballots reduce election campaign related disorder burdick takushi deciding whether state election law violates firstand fourteenth amendment associational rights must weigh character magnitude burden state rule imposes rights interests state contends justify burden consider extent state concerns make burden necessary regulations imposing severe burdens must narrowly tailored advance compelling state interest lesser burdens however trigger less exacting review state important regulatory interests usually enough justify reasonable nondiscriminatory restrictions ibid bright line separates permissible election related regulation unconstitutional infringements first amendment freedoms storer brown pp minnesota fusion ban severely burden new party associational rights state laws restrict ability party members endorse support vote anyone like directly limit party access ballot party preferred candidate still appear ballot although another party candidate laws also silent parties internal structure governance policy making eu san francisco county democratic central tashjian republican party distinguished instead provisions reduce universe potential candidates may appear ballot party nominee limit slightly party ability send particularized message candidate voters nature support candidate however ballots designed primarily elect candidates serve fora political expression see burdick supra pp minnesota fusion ban impose severe burden new party rights state required show ban narrowly tailored serve compelling state interests state asserted regulatory interests sufficiently weighty justify limitation party rights norman reed elaborate empirical verification weightiness required see munro socialist workers party burden justified correspondingly weighty valid state interests ballot integrity political stability certainly interest protecting integrity fairness efficiency ballots election processes means electing public officials bullock carter minnesota fears candidate party easily exploit fusion way associating name popular slogans catchphrases transforming ballot means choosing candidates billboard political advertising also concerned fusion might enable minor parties nominating major party candidate bootstrap way major party status next election circumvent state nominating petition requirement minor parties designed ensure bona fide minor third parties granted access ballot state strong interest stability political systems see eu supra permit completely insulate two party system minor parties independent candidates competition influence anderson celebrezze paternalistic license protect political parties consequences internal disagreements eu supra however permit state enact reasonable election regulations may practice favor traditional two party system minnesota fusion ban far less burdensome california law upheld storer denied ballot positions independent candidate affiliated party time year preceding primary election justified similarly weighty state interests expresses view party policy based arguments concerning wisdom fusion pp reversed rehnquist delivered opinion scalia kennedy thomas breyer joined stevens filed dissenting opinion ginsburg joined parts ii souter joined souter filed dissenting opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press michele timmons acting director ramsey county department property records revenue et petitioners twin cities area new party writ certiorari appeals eighth circuit april chief justice rehnquist delivered opinion prohibit multiple party fusion candidacies elected office minnesota laws challenged case prohibit candidate appearing ballot candidate one party stat subd subd hold prohibition violate first fourteenth amendments constitution respondent chartered chapter national new party petitioners minnesota election officials april minnesota state representative andy dawkins running unopposed minnesotademocratic farmer labor party dfl primary month new party members chose dawkins candidate office november general election neither dawkins dfl objected dawkins signed required affidavit candidacy new party stat minnesota however prohibits fusion candidacies dawkins already filed candidate dfl nomination local election officials refused accept new party nominating petition new party filed suit district contending minnesota antifusion laws violated party associational rights first fourteenth amendments district granted summary judgment state defendants concluding minnesota fusion ban valid non discriminatory regulation election process noting issues concerning mechanics choosing candidates large part matters policy best left deliberative bodies twin cities area new party mckenna appeals reversed twin cities area new party mckenna first determined minnesota fusion ban unquestionably severe ly burdened new party freedom select standard bearer best represents party ideologies preferences right broaden base public participation support activities ibid citations internal quotation marks omitted decided minnesota absolute ban multiple party nominations broader necessary serve state asserted interests avoiding intraparty discord party splintering maintaining stable political system avoiding voter confusion state remaining concerns multiple party nomination simply unjustified case noted however appeals seventh circuit upheld wisconsin similar fusion ban swamp kennedy fusion ban burden associational rights even state interests justified burden cert denied nonetheless concluded minnesota fusion ban provisions stat subd subd unconstitutional severely burdened new party associational rights narrowly tailored advance minnesota valid interests granted certiorari reverse fusion regular feature gilded age american politics particularly west midwest candidates issue oriented parties like grangers independents greenbackers populists often succeeded fusion democrats vice versa republicans part sometimes arranged fusion candidacies south part generalstrategy encouraging exploiting divisions within dominant democratic party see generally argersinger place table fusion politics antifusion laws amer hist rev fusion common part political parties rather local state governments printed distributed ballots ballots contained names particular party candidates voter drop party ticket ballot box without even knowing party candidates supported parties well presidential election widely regarded plagued fraud many moved australian ballot system system official ballot containing names candidates legally nominated parties printed public expense distributed public officials polling places burdick takushi kennedy dissenting move australian ballot system progressive reform reduce fraudulent election practices use australian ballot widespread period many enacted election related reforms including bans fusion candidacies see argersinger supra minnesota banned fusion trend continued century fusion become theexception rule today multiple party candidacies permitted fusion plays significant role new york first amendment protects right citizens associate form political parties advancement common political goals ideas colorado republican federal campaign comm federal election slip independent expression political party views core first amendment activity less independent expression individuals candidates political committees norman reed onstitutional right citizens create develop new political parties advances constitutional interest like minded voters gather pursuit common political ends tashjian republican party result political parties government structure activities enjoy constitutional protection eu san francisco county democratic central noting political party discretion organize conduct affairs select leaders tashjian supra constitution protectsa party determination structure best allows pursue political goals hand also clear may inevitably must enact reasonable regulations parties elections ballots reduce election campaign related disorder burdick supra practical matter must substantial regulation elections fair honest sort order rather chaos accompany democratic process quoting storer brown tashjian supra constitution grants broad power prescribe time places manner holding elections senators representatives art cl power matched state control election process state offices deciding whether state election law violates first fourteenth amendment associational rights weigh character magnitude burden state rule imposes rights interests state contends justify burden consider extent state concerns make burden necessary burdick supra quoting anderson celebrezze regulations imposing severe burdens plaintiffs rights must narrowly tailored advance compelling state interest lesser burdens however trigger less exacting review state important regulatory interests usually enough justify reasonable nondiscriminatory restrictions burdick supra quoting anderson supra norman supra requiring corresponding interest sufficiently weighty justify limitation bright line separates permissible election related regulation unconstitutional infringements first amendment freedoms storer supra litmus paper test separat es restrictions valid fromthose invidious rule self executing substitute hard judgments must made new party claim right select candidate uncontroversial far goes see cousins wigoda party state right decide state delegates party convention new party someone else right select new party standard bearer follow though party absolutely entitled nominee appear ballot party candidate particular candidate might ineligible office unwilling serve another party candidate particular individual may appear ballot particular party candidate severely burden party association rights see burdick seems us limiting choice candidates complied state election law requirements prototypical example regulation affects right vote eminently reasonable anderson although disaffiliation provision may preclude voters supporting particular ineligible candidate remain free support promote candidates satisfy state disaffiliation requirements new party relies eu san francisco county democratic central supra tashjian republican party supra eu struck california election provisions prohibited political parties endorsing candidates partyprimaries regulated parties internal affairs structure tashjian held connecticut closed primary statute required voters party primary registered party members interfered party associational rights limiting group registered voters party may invite participate basic function selecting party candidates internal quotation marks citations omitted tashjian eu involved regulation political parties internal affairs core associational activities minnesota fusion ban ban applies major minor parties alike simply precludes one party candidate appearing ballot party candidate already nominated another party respondent free try convince representative dawkins new party dfl candidate see swamp party may nominate candidate party convince candidate whether party still wants endorse candidate fusion ban appear ballot party candidate party appeals also held minnesota laws keep new party developing consensual political alliances thus broadening base public participation support activities mckenna burden party held severe istory shows minor parties played significant role electoral system multiple party nomination legal meaningful influence multiple party nomination banned ibid view appeals minnesota fusion ban forces members new party make win choice voting candidates realistic chance winning defect ing party vot ing amajor party candidate declin ing vote ibid minnesota directly precluded minor political parties developing organizing cf norman statute foreclose development political party lacking resources run statewide campaign minnesota excluded particular group citizens political party participation election process cf anderson supra filing deadline places particular burden identifiable segment ohio independent minded voters bullock carter striking texas statute requiring candidates pay filing fees condition names placed primary election ballots new party remains free endorse likes ally others nominate candidates office spread message listen cf eu california law curtailed right ree discussion candidates public office colorado republican federal campaign slip restrictions party spending impair ability engage direct political advocacy appeals emphasized belief without fusion based alliances minor parties thrive predictive judgment means self evident importantly supposed benefits fusion minor parties require minnesota permit see tashjian supra refusing weigh merits closed open primaries many features political system single member districts first past post elections high costs campaigning make difficult third parties succeed american politics burnham declaration app constitution require permit fusion requires move proportional representation elections public financing campaigns see mobile bolden plurality opinion whatever appeal dissenting opinion view may matter political theory law new party contends fusion ban burdens right communicate choice nominees ballot terms equal offered parties right party supporters voters receive information insists communication ballot party candidate choice critical source information great majority voters rely upon party labels voting guide brief respondent true minnesota fusion ban prevents new party using ballot communicate public supports particular candidate isalready another party candidate addition ban shuts one possible avenue party might use send message preferred candidate fusion candidate wins election basis two parties votes likely know parties votes counted separately particular wishes ideals constituency unpersuaded however party contention right use ballot send particularized message candidate voters nature support candidate ballots serve primarily elect candidates fora political expression see burdick kennedy dissenting like parties minnesota new party able use ballot communicate information candidate voters long candidate already someone else candidate party retains great latitude ability communicate ideas voters candidates participation campaign party members may campaign endorse vote preferred candidate even listed ballot another party candidate see anderson election campaign effective platform expression views issues day illinois bd elections socialist workers party election campaign means disseminating ideas sum minnesota laws restrict ability new party members endorse support vote anyone like laws directly limit party access ballot silent parties internal structure governance policy making instead provisions reduce universe potential candidates may appear ballot party nominee ruling individuals already agreed another also forced choose prefer party also limit slightly party ability send message voters preferred candidates conclude burdens minnesota imposes party first fourteenth amendment associational rights though trivial severe appeals determined minnesota fusion ban imposed severe burdens new party associational rights required state show ban narrowly tailored serve compelling state interests mckenna disagree given burdens imposed bar high instead state asserted regulatory interests need sufficiently weighty justify limitation imposed party rights norman burdick supra quoting anderson supra require elaborate empirical verification weightiness state asserted justifications see munro socialist workers party legislatures permitted respond potential deficiencies electoral process foresight rather reactively provided response reasonable significantly impinge constitutionally protected rights appeals acknowledged minnesota interests avoiding voter confusion overcrowded ballots preventing party splintering disruptions two party system able clearly identify election winner mckenna supra similarly seventh circuit swamp noted wisconsin compelling interests avoiding voter confusion preserving integrity election process maintaining stable political system cf fairchild concurring state compelling interest maintaining distinct identityof parties minnesota argues fusion ban justified interests avoiding voter confusion promoting candidate competition reserving limited ballot space opposing candidates preventing electoral distortions ballot manipulations discouraging party splintering unrestrained factionalism brief petitioners certainly interest protecting integrity fairness efficiency ballots election processes means electing public officials bullock state may prevent frivolous fraudulent candidacies citing jenness fortson eu norman supra interest preventing misrepresentation rosario rockefeller petitioners contend candidate party easily exploit fusion way associating name popular slogans catchphrases example members major party decide powerful way sending message via ballot various factions party nominate major party candidate candidate newly formed new taxes conserve environment stop crime parties response opposing major party likely instruct factions nominate party candidate fiscal responsibility healthy planet safe streets parties candidate whether putative fusion candidates names appeared one four ballot lines maneuvering undermine ballot purpose transforming means choosing candidates billboard political advertising new party responds concern ironically enough insisting state avoid manipulation adopting demanding ballot access standards rather prohibiting multiple party nomination brief respondent however stated burdens fusion ban imposes party associational rights severe state need narrowly tailor means chooses promote ballot integrity constitution require minnesota compromise policy choices embodied ballot access requirements accommodate new party fusion strategy see stat subd signature requirements nominating petitions rosario supra new york time limitation enrollment political party part overall scheme aimed preservation integrity state electoral process relatedly petitioners urge permitting fusion undercut minnesota ballot access regime allowing minor parties capitalize popularity another party candidate rather appeal voters order secure access ballot brief petitioners voters might sign minor party nominating petition based party views candidates might viewed minor party another way nominating person nominated one major parties thus minnesota fears fusion enable minor parties nominating major party candidate bootstrap way major party status next election circumvent state nominating petition requirement minor parties see stat subd defining major party describing ballot order major parties state surely valid interest making sure minor third parties granted access ballot bona fide actually supported merits provided statutorily required petition ballot support anderson storer also strong interest stability political systems eu supra storer supra interest permit state completely insulate two party system minor parties independent candidates competition influence anderson supra williams rhodes paternalistic license protect political parties consequences internal disagreements eu supra tashjian said interest permits enact reasonable election regulations may practice favor traditional two party system see burnham declaration app american politics part organized around two parties since time andrew jackson temper destabilizing effects party splintering excessive factionalism constitution permits minnesota legislature decide political stability best served healthy two party system see rutan republican party scalia dissenting stabilizing effects two party system obvious davis bandemer concurring little doubt emergence strong stable two party system country contributed enormously sound effective government branti finkel powell dissenting broad based political parties supply essential coherence flexibility american political scene interest securing perceived benefits stable two party system justify unreasonably exclusionary restrictions see williams supra need remove many hurdles third parties face american political arena today storer upheld california statute denied ballot positions independent candidates voted immediately preceding primary elections registered party affiliation time year primary elections surveying relevant caselaw ha hesitation sustaining party disaffiliation provisions recognized provisions part general state policy aimed maintaining integrity ballot noted provision discriminate independent candidates concluded state need take course california california apparently believes founding fathers splintered parties unrestrained factionalismmay significant damage fabric government see federalist madison appears obvious us one year disaffiliation provision furthers state interest stability political system see also lippitt cipollone affirming without opinion district decision upholding statute banning party primary candidacies voted another party primary within last four years decision burdick takushi supra also relevant upheld hawaii ban write voting claim ban unreasonably infringed citizens first fourteenth amendment rights holding rejected petitioner argument ban deprive opportunity cast meaningful ballot emphasizing function elections elect candidates repeatedly upheld reasonable politically neutral regulations effect channeling expressive activit ies polls minnesota fusion ban far less burdensome disaffiliation rule upheld storer justifiedby similarly weighty state interests reading storer dealing sore loser candidates dissent view fails appreciate case teaching post stevens dissenting california disaffiliation statute issue storer person affiliated party time year leading primary election absolutely precluded appearing ballot independent candidate another party minnesota fusion ban nearly restrictive challenged provisions say nothing previous party affiliation candidates require order appear ballot candidate nominee one party california disaffiliation rule limited field candidates thousands minnesota precludes handful freely choose limited also worth noting california disaffiliation statute absolutely banned many candidacies minnesota fusion ban prohibits candidate named twice conclude burdens minnesota fusion ban imposes new party associational rights justified correspondingly weighty valid state interests ballot integrity political stability deciding minnesota fusion ban unconstitutionally burden new party first fourteenth amendment rights express views new party policy based arguments concerning wisdom fusion may well support new politicalparties increases arguments carry day legislatures constitution require minnesota approximately permit fusion allow judgment appeals reversed ordered michele timmons acting director ramsey county department property records revenue et petitioners twin cities area new party writ certiorari appeals eighth circuit april justice stevens justice ginsburg joins minnesota twin cities area new party party recognized minor political party entitled state law names candidates public office appear state ballots april andy dawkins qualified candidate election minnesota legislature representative house district dawkins consent party nominated candidate office opinion party members constitutional right candidate name appear ballot despite fact also nominee another party conclusion minnesota statute prohibiting multiple party candidacies constitutional rests three dubious premises statute imposes minor burden party right choose support candidate choice statute significantly serves state asserted interests avoiding ballot manipulation factionalism event interest preserving two party system justifies imposition burden issue case disagree premises members recognized political party unquestionably constitutional right select nominees public office communicate identity nominees voting public right choose right advise voters choice entitled highest respect minnesota statutes place significant burden rights recital burdens statute inflict party ante nothing minimize severity burdens impose fact party may nominate second choice surely diminish significance restriction denies right name first choice appear ballot point may use limited resources publicize fact first choice nominee party provide adequate substitute message conveyed every person actually votes party nominees appear ballot first point state contends fusion ban fact limits candidates range individuals party may nominate burden therefore quite small number candidates removed party reach determinative factor ban leaves party free nominate eligible candidate except particular standard bearer best represents party ideologies preferences eu san francisco county democratic central party perhaps choose expend resources supporting candidate fact best representative members views party choice candidate effective way party communicate voters party represents thereby attract voter interest support political parties exist advance members shared political beliefs context particular elections candidates necessary make party message known effective vice versa colorado republican federal campaign comm federal election slip kennedy dissenting see also anderson celebrezze rehnquist dissenting political parties least hope continuing existence representing particular philosophies party interest finding best candidate advance philosophy ineach election state next argues instead nominating second choice candidate party remove ballot altogether publicly endorse candidate another party right election ballot precisely separates political party interest group relies fact new party remains free spread message listen ante fora ballot given limited resources available minor parties less universal interest messages third parties apparent party message manner reach much smaller audience composed voters read ballot polling booth majority rejects unimportant limits fusion ban may impose party ability express political views ante relying decision burdick takushi noted purpose casting counting recording votes elect public officials serve general forum political expression burdick concluded simply individual voter interest expressing disapproval single candidate running office particular election require state finance provide mechanism tabulating write votes conclusion ballot principally forum individual expression political sentiment casting vote justify conclusion theballot serves expressive purpose parties place candidates ballot indeed long recognized right choose standard bearer best represents party ideologies preferences eu inescapably expressive right extent party labels provide shorthand designation views party candidates matters public concern identification candidates particular parties plays role process voters inform exercise franchise tashjian republican party case presumably cases burden statute kind imposed upon members minor party potential impact much broader popular candidates like andy dawkins sometimes receive nation wide recognition fiorello laguardia earl warren ronald reagan franklin roosevelt names come readily mind candidates whose reputations political careers enhanced appeared election ballots fusion candidates see note fusion associational rights minor parties colum rev statute denied political party right nominate individuals high office simply already nominated another party opinion place intolerable burden political expression association minnesota argues statutory restriction new party right nominate candidate choice justified state interests avoiding voter confusion preventing ballot clutter manipulation encouraging candidate competition minimizing intraparty factionalism none rationales support fusion ban state failed toexplain ban actually serves asserted interests believe law significantly abridges first amendment freedoms state therefore must shoulder correspondingly heavy burden justification law survive judicial scrutiny even accepting majority view burdens imposed law weighty state asserted interests must least bear plausible relationship burdens places political parties see anderson although today suggests state support asserted justifications fusion ban evidence empirical validity ante previously required bare assertion particular state interest served burdensome election requirement see eu rejecting california argument state endorsement ban protected political stability state never adequately explain ed banning parties endorsing opposing primary candidates advances interest anderson evaluating state interests examine extent interests make necessary burden plaintiff rights norman reed corresponding interest must sufficiently weighty justify limitation state describes imaginative theoretical sources voter confusion result fusion candidacies judgment argument burden first amendment interests justified concern meritless severely underestimates intelligence typical voter noted state claim enhancing ability citizenry make wise decisions restricting flow information must viewed skepticism eu tashjian anderson state concern ballot manipulation readily accepted majority similarly farfetched possibility members major parties begin create dozens minor parties detailed issue oriented titles sole purpose nominating candidates titles see ante entirely hypothetical majority dismisses hand party argument risk type ballot manipulation crowding easily averted maintaining reasonably stringent requirements creation minor parties ante fact though party point merely illustrates idea state place kinds every kind limitation abilities small parties thrive state wants make difficult group achieve legal status political party within reason still run first amendment state undoubted right require candidates make preliminary showing substantial support order qualify place theballot wasteful confusing encumber ballot names frivolous candidates anderson see also jenness fortson state established standard achieving party status forbidding acknowledged party putting ballot chosen candidate clearly frustrates core associational rights state argues fusion ban promotes political stability preventing intraparty factionalism party raiding certainly interest maintaining stable political system eu state convincingly articulated fusion ban prevent factionalism fears unlike law issue storer brown example law prevent sore loser candidates defecting disaffected segment major party running opposition candidate newly formed minor party law like aimed requiring parties show modicum support order secure place election ballot prevent formation numerous small parties indeed activity banned minnesota law formation coalitions division dissension splintered parties unrestrained factionalism state argument fusion ban encourages candidate competition claim fungible goods ignoring entirely party interest nominating candidate candidate best represents party views minnesota fusion ban simply justified reference mentioned rationales turn therefore appears true basis holding interest preserving two party system addressing merits preserving two party system justification minnesota fusion ban note view impermissible consider rationale minnesota argue briefs preservation two party system supported fusion ban indeed pressed oral argument matter state expressly rejected rationale tr oral arg opinions explicit willingness consider particular interests put forward state support laws impose sort burden first amendment rights see anderson identify evaluate precise interests put forward state justifications burden imposed rule id rehnquist dissenting state laws burden first amendment rights upheld tied particularized legitimate purpose quoting rosario rockefeller burdick even state put forward interest support laws sufficient justify fusion ban perhaps two two major political parties surprising therefore enacted election laws impose burdens development growth third parties law issue thiscase undeniably law fact law intended disadvantage minor parties effect matter weigh rather favor constitutionality jurisprudence area reflects certain tension one hand clear political stability important state interest incidental burdens formation minor parties reasonable protect interest see storer struck state elections laws specifically give two old established parties decided advantage new parties struggling existence williams rhodes boundaries acknowledged litmus paper test separating restrictions valid fromthose invidious rule self executing substitute hard judgments must made storer nothing constitution prohibits maintaining single member districts winner take voting arrangements elements election system make significantly difficult third parties thrive laws different two respects fusion bans issue first method hamper third party development one impinges associational rights third parties minor parties remain free nominate candidates choice rally support candidates small parties relatively limited likelihood ultimate success election day deprive right try second establishment single member districts correlates directly interests political stability systems proportional representation example may tend toward factionalism fragile coalitions diminish legislative effectiveness context fusion candidacies risks political stability extremely attenuated course reason minor parties ardently support fusion politics allows parties build greater base support potential minor party members realize vote smaller party candidate necessarily wasted vote eventually minor party might gather sufficient strength members inclined successfully run candidate endorsed major party legislative coalition building made difficult presence third party legislators risks political stability scenario speculative best respects fusion candidacy best marriage virtues minor party challenge entrenched viewpoints political stability two party system provides fusion candidacy threaten divide legislature create significant risks factionalism principal risk proponents two party system point provide means voters viewpoints adequately represented platforms two major parties indicate particular candidate addition support major party views responsive views minor party whose support demonstrated political parties demonstrate support ballot strength two party system major components product power ideas traditions candidates voters thatconstitute parties demeans strength two party system assume major parties need rely laws discriminate independent voters minor parties order preserve positions power indeed central theme jurisprudence entire electorate necessarily includes members major parties benefit robust competition ideas governmental policies core electoral process first amendment freedoms see anderson opinion legislation otherwise unconstitutional burdens first amendment interests discriminates minor political parties survive simply benefits two major parties accordingly respectfully dissent michele timmons acting director ramsey county department property records revenue et petitioners twin cities area new party writ certiorari appeals eighth circuit april justice souter dissenting join parts ii justice stevens dissent agreeing none concerns advanced state suffices justify burden challenged statutes petitioners first amendment interests also agree justice stevens view set first paragraph part iii state assert interest preserving traditional two party system upon majority repeatedly relies upholding minnosota statutes see ante constitution permits minnesota legislature decide political stability best served healthy two party system actually minnesota statement important regulatory concerns advanced state ban ballot fusion brief petitioners contains reference whatsoever two party system even explicit reference political stability generally see sure state assert intention prevent party splintering may separable abstract desire preservepolitical stability fact state less comprehensive concerns primary dangers posed calls major party splintering factionalism said turn ing general election ballot forum venting intraparty squabbles reducing elections thinly disguised ballot issue campaign nowhere state even intimate splintering wishes avert might cause hasten demise two party system circumstances neither state point splintering tentative reference political stability oral argument supra may fairly assimilated interest posited preserving two party system accordingly agree justice stevens ante election cases restrict consideration precise interests put forward state justifications burden imposed rule anderson celebrezze judge challenged statutes interests state raised defense hold unconstitutional however unwilling go distance considering rejecting majority preservation two party system rationale minnesota made argument us discount possibility forceful one considerable consensus party loyalty among american voters hasdeclined significantly past four decades see crotty american parties decline ed jensen last party system decay consensus evolution american electoral systems kleppner et al eds overall influence parties political process decreased considerably see cutler party government american constitution penn rev sundquist party decay capacity govern future american political parties challenge governance fleishman ed wake studies may unreasonable infer two party system jeopardy see lowi times magazine istorians undoubtably focus beginning end america two party system surely majority right strong interest stability political systems ante preserving political system capable governing effectively shown disappearance two party system undermine interest permitting fusion candidacies poses substantial threat two party scheme might well sufficient predicate recognizing constitutionality state action presented case right however state attempted even make argument therefore leave consideration another day footnotes fusion also called cross filing multiple party nomination electoral support single set candidates two parties argersinger place ballot fusion politics antifusion laws amer hist rev see also twin cities area new party mckenna fusion nomination one political party candidate office general election dfl product merger minnesota farmer labor party democratic party major party minnesota law stat subd major parties parties five percent statewide vote therefore participate state primary elections state law provides individual seeks nomination partisan nonpartisan office primary shall nominated office nominating petition subd minnesota law requires affidavit candidacy shall state name office sought shall state candidate affidavit file candidate office primary next ensuing general election subd new party minor party minnesota law hold primary election must instead file nominating petition signatures eligible voters percent total number voters preceding state county general election whichever less see act apr ch laws minnesota struck ban day title enacting bill reflect bill content ban reenacted rev laws ch minnesota enacted revised election code includes fusion related provisions involved case act apr ch art laws burnham declaration app practice multiple party nomination century course much limited owes chiefly fact state legislatures outlawed practice mckenna ultiple party nomination prohibited today either directly indirectly forty district columbia cobble siskind fusion multiple party nomination summarizing fusion laws see elec law mckinney supp since fusion last relegalized new york several minor parties including liberal conservative american labor right life parties active influential new york politics see burnham declaration app cobble siskind supra see stat subd candidates must years age upon assuming office must maintained residence district seek election days general election first second world wars example various radical agrarian labor oriented parties thrived without fusion midwest see generally vallely radicalism one parties minnesota farmer labor party displaced democratic party republicans primary opponent minnesota one historian noted minnesota farmer labor party elected candidates governorship four occasions senate five elections house twenty five campaigns never less minnesota second strongest party farmer laborites dominated state politics farmer labor party success despite independence america two dominant national parties despite sometimes bold anticapitalist rhetoric platforms haynes dubious alliance appears factionalism within farmer labor party popular successes new deal programs ideology gradual movement political power national government contributed party decline see generally haynes supra vallely supra gieske minnesota farmer laborism third party alternative eventually much weakened farmer labor party merged democrats forming minnesota democratic farmer labor party vallely supra dissents state may consider appears true basis holding interest preserving two party system post stevens dissenting minnesota defend interest briefs expressly rejected oral argument ibid see also post souter dissenting fact oral argument state contended interest stability political system even certain election related regulations requiring single member districts tend work advantage traditional two party system permissible choice long go far close door minor part ies tr oral arg see also brief petitioners discussing state interest avoiding splintered parties unrestrained factionalism citing storer agree similar provision applied party candidates imposed flat disqualification upon candidate seeking run party primary registered affiliated political party political party nomination seeks within months immediately prior filing declaration another provision stated person may file nomination papers party nomination independent nomination office storer dissent insists new york experience fusion politics undermines minnesota contention fusion ban promotes political stability post stevens dissenting california experiment cross filing hand provides justification minnesota concerns example earl warren nominee major parties therefore able run unopposed california general election appears widely accepted california cross filing system stifled electoral competition undermined role distinctive political parties see hyink et politics government california ed california cross filing law undermined party responsibility cohesiveness mazmanian third parties presidential elections cross filing diminish ed role political parties work ed efforts minority factions gain recognition hearing electoral arena dissent rejects argument minnesota fusion ban serves alleged paternalistic interest avoiding voter confusion post stevens dissenting concern meritless severely underestimates intelligence typical voter although supposed interest discussed parties briefs brief petitioners brief respondent plays part analysis today burden party right nominate first choice candidate limiting party ability convey nominee party represents risks impinging another core element political party associational rights right broaden base public participation support activities tashjian republican party appeals relied substantially right concluding fusion ban impermissibly burdened new party focus somewhat different see twin cities area new party mckenna fusion ban burdens right minor party broaden base support political reality dominance major parties frequently makes vote minor party independent candidate wasted vote minor parties nominate candidate also nominated major party able present members opportunity cast vote candidate actually elected although aspect party effort broaden support distinct ability nominate candidate best represents party views important note party right broaden base support burdened ways fusion ban recognized evidence endorsement issued official party organization carries weight one issued newspaper labor union eu san francisco county democratic central given reality agree majority implicit equation right endorse right nominate event parade horribles majority appears believe might visit minnesota fusion candidacies allowed fantastical given evidence new york experience fusion see brief conservative party new york et al amici curiae thus evidence actually available diminishes rather strengthens minnesota claims majority asserts ante california cross filing system place first half century provides compelling counter example cross filing allowed candidates file primary parties without specifyingparty affiliation mazmanian third parties presidential elections hereinafter mazmanian simply fusion politics problems suffered california provide empirical support minnesota position see brief petitioners see also ante second ballot manipulation argument accepted majority minor parties attempt capitalize popularity another party candidate rather appeal voters order secure access ballot ante majority appears unwilling accept andy dawkins new party chosen candidate party trying capitalize status someone else candidate identify choice indeed burden falls unequally new small political parties independent candidates impinges nature associational choices protected first amendment anderson celebrezze think irrelevant antifusion laws passed nation latter part laws characterized majority reforms ante passed parties power state legislatures squelch threat posed opposition combined voting force mckenna see argersinger place ballot fusion politics antifusion laws hist rev although state required justify laws exclusive reference original purpose behind passage bolger youngs drug products history provide indication kind burden believed imposing smaller parties effective association anderson state argued interest political stability justified early filing deadline presidential candidates issue case recognized asserted interest political stability amounts desire protect existing political parties competition rejected interest even system allows fusion candidate election must assemble majority support state concern logically risks political stability particular election fusion candidate running fact minnesota expressed concern fusion candidacies stifle political diversity minor parties put additional names ballot seems directly contradictory majority imposed interest stable two party system tension rationale decision state actually articulated interests one reasons believe legitimately consider interests relied state especially context burden imposed interest justifying must relationship outlet frustration often creative force sort conscience ideological governor keep major parties speeding abyss mindlessness even technique strengthening group bargaining position future minor party invented come existence regularly enough bickel reform continuity see also rosenstone behr lazarus third parties america citizen response major party failure appeals recognized fusion politics important role preserving value struck fusion ban ather jeopardizing integrity election system consensual multiple party nomination may invigorate fostering competition participation representation american politics mckenna experience new york fusion politics provides considerable evidence neither political stability ultimate strength two major parties truly risked existence successful minor parties generally presence one even two significant third parties led proliferation parties destruction basic democratic institutions mazmanian see also term independent candidates minority parties harv rev american political stability depend two party oligopoly istorical experience country demonstrate minor parties independent candidacies compatible long term political stability moreover reason believe eliminating restrictions political minorities change basic structure two party system country indeed oral argument state hesitantly suggest interest generalized interest preserving sense political stability tr oral arg see also edenfield fane explaining mid level scrutiny applies commercial speech cases similar apply nlike rational basis review permit us supplant precise interests put forward state suppositions