kusper
pontikes
argued
october
decided
november
appellee
qualified
chicago
voter
voted
february
republican
primary
involving
nominations
municipal
officers
challenges
constitutionality
illinois
election
code
barred
voting
march
democratic
primary
section
prohibits
person
voting
primary
election
political
party
voted
primary
party
within
preceding
months
exception
made
primary
political
party
within
city
appellants
contended
inter
alia
district
held
statute
invalid
abstained
state
courts
might
found
statutory
exception
applicable
primary
held
district
err
declining
abstain
making
constitutional
ruling
view
illinois
adjudication
confining
statutory
exception
political
parties
entitled
nominate
city
offices
making
inapplicable
democratic
republican
parties
appellee
thus
relieved
bar
rule
pp
section
unconstitutionally
infringes
upon
right
free
political
association
protected
first
fourteenth
amendments
locking
voter
party
affiliation
substantial
period
time
following
participation
primary
election
state
legitimate
interest
preventing
party
raiding
justify
substantial
restraint
rule
rosario
rockefeller
distinguished
pp
stewart
delivered
opinion
douglas
brennan
white
marshall
powell
joined
burger
concurred
result
blackmun
filed
dissenting
opinion
post
rehnquist
filed
dissenting
opinion
blackmun
joined
post
aldus
mitchell
argued
cause
appellants
briefs
william
ming
sophia
hall
ray
jeffrey
cohen
argued
cause
filed
brief
appellee
justice
stewart
delivered
opinion
illinois
election
code
person
prohibited
voting
primary
election
political
party
voted
primary
party
within
preceding
months
appellee
harriet
pontikes
qualified
chicago
voter
voted
republican
primary
february
wanted
vote
march
democratic
primary
barred
rule
filed
complaint
declaratory
injunctive
relief
district
northern
district
illinois
alleging
unconstitutionally
abridged
freedom
associate
political
party
choice
depriving
opportunity
vote
democratic
primary
statutory
convened
held
one
judge
dissenting
rule
unconstitutional
supp
noted
probable
jurisdiction
appeal
judgment
outset
met
appellants
argument
district
abstained
adjudicating
constitutionality
rule
base
argument
upon
portion
provides
articipation
primary
elector
primary
political
party
provisions
section
article
political
party
within
city
village
incorporated
town
town
entitled
hereunder
make
nominations
candidates
city
village
incorporated
town
town
offices
office
offices
shall
disqualify
primary
elector
participating
primaries
party
rev
stated
lake
carriers
assn
macmullan
abstention
doctrine
first
fashioned
railroad
commission
pullman
sanctions
escape
immediate
decision
narrowly
limited
special
circumstances
propper
clark
zwickler
koota
justifying
delay
expense
application
abstention
doctrine
inevitably
gives
rise
england
medical
examiners
think
illinois
statute
involved
case
fairly
susceptible
reading
avoid
necessity
constitutional
adjudication
appellants
argument
february
chicago
republican
primary
might
considered
political
party
within
city
foreclosed
decision
illinois
faherty
board
election
decision
made
clear
kind
local
primaries
outside
scope
simply
purely
city
political
part
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parties
entitled
illinois
election
code
make
nominations
city
offices
since
democratic
republican
parties
course
entitled
illinois
make
nominations
city
offices
congressional
state
county
offices
well
faherty
held
within
statutory
definition
city
parties
follows
despite
fact
february
republican
primary
appellee
voted
involved
nominations
offices
within
city
chicago
pontikes
still
clearly
barred
rule
voting
march
democratic
primary
district
thus
wholly
justified
declining
abstain
deciding
constitutional
validity
rule
issue
turn
ii
longer
doubt
freedom
associate
others
common
advancement
political
beliefs
ideas
form
orderly
group
activity
protected
first
fourteenth
amendments
naacp
button
bates
little
rock
naacp
alabama
right
associate
political
party
one
choice
integral
part
basic
constitutional
freedom
williams
rhodes
cf
robel
sure
administration
electoral
process
matter
constitution
largely
entrusts
exercising
powers
supervision
elections
setting
qualifications
voters
may
infringe
upon
basic
constitutional
protections
see
dunn
blumstein
kramer
union
school
district
carrington
rash
made
clear
williams
rhodes
supra
unduly
restrictive
state
election
laws
may
impinge
upon
freedom
association
run
afoul
first
fourteenth
amendments
see
douglas
concurring
harlan
concurring
little
doubt
substantially
restricts
illinois
voter
freedom
change
political
party
affiliation
one
wishes
change
party
registration
must
wait
almost
two
years
choice
given
effect
moreover
forced
forgo
participation
primary
elections
occurring
within
statutory
hiatus
effect
illinois
statute
thus
lock
voter
party
affiliation
substantial
period
time
following
participation
primary
election
succeeding
primary
vote
extends
period
confinement
rule
course
deprive
appellee
position
opportunities
associate
political
party
choice
neither
state
attempts
compel
disclosure
naacp
membership
lists
bates
little
rock
naacp
alabama
work
total
restriction
upon
freedom
organization
members
associate
rather
found
cases
statutes
attack
constituted
substantial
restraint
significant
interference
exercise
constitutionally
protected
right
free
association
true
illinois
statute
absolutely
preclude
pontikes
associating
democratic
party
absolutely
preclude
voting
party
primary
election
political
system
basic
function
political
party
select
candidates
public
office
offered
voters
general
elections
prime
objective
voters
associating
particular
party
must
surely
gain
voice
selection
process
preventing
appellee
participating
democratic
primary
elections
statutory
period
illinois
statute
deprived
voice
choosing
party
candidates
thus
substantially
abridged
ability
associate
effectively
party
choice
iii
past
decisions
made
clear
significant
encroachment
upon
associational
freedom
justified
upon
mere
showing
legitimate
state
interest
bates
little
rock
supra
naacp
alabama
supra
even
pursuing
legitimate
interest
state
may
choose
means
unnecessarily
restrict
constitutionally
protected
liberty
dunn
blumstein
precision
regulation
must
touchstone
area
closely
touching
precious
freedoms
naacp
button
state
open
less
drastic
way
satisfying
legitimate
interests
may
choose
legislative
scheme
broadly
stifles
exercise
fundamental
personal
liberties
shelton
tucker
appellants
urge
rule
serves
purpose
preventing
raiding
practice
whereby
voters
sympathy
one
party
vote
another
primary
order
distort
primary
results
said
decision
rosario
rockefeller
recognized
state
interest
inhibiting
raiding
upheld
constitutional
validity
legislation
restricting
voter
freedom
change
parties
enacted
means
serving
interest
true
course
found
constitutional
infirmity
new
york
statute
review
rosario
law
required
voter
enroll
party
choice
least
days
general
election
order
eligible
vote
next
party
primary
thus
prevented
change
party
affiliation
approximately
months
deadline
primary
election
also
true
recognized
rosario
state
may
legitimate
interest
seeking
curtail
raiding
since
practice
may
affect
integrity
electoral
process
follow
rosario
illinois
statutory
procedures
also
pass
muster
fourteenth
amendment
illinois
election
code
differs
new
york
law
number
important
respects
new
york
statute
issue
rosario
prevent
voters
participating
party
primary
choice
merely
imposed
time
limit
enrollment
new
york
law
person
wanted
vote
different
party
primary
every
year
precluded
meet
requirement
declaring
party
allegiance
days
preceding
general
election
new
york
law
consequence
locking
voter
unwanted
party
affiliation
one
election
next
confinement
merely
result
elector
voluntary
failure
take
timely
measures
enroll
therefore
concluded
new
york
law
prevent
voters
associating
political
party
choice
see
basic
difference
illinois
law
obvious
since
appellee
voted
republican
primary
state
law
absolutely
precluded
participating
democratic
primary
unlike
petitioners
rosario
whose
disenfranchisement
caused
failure
take
timely
measures
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action
pontikes
taken
make
eligible
vote
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primary
illinois
law
unlike
new
york
thus
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voters
party
affiliation
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primary
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way
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lock
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primary
period
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two
years
words
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rosario
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york
scheme
prevent
voters
exercising
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freedom
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political
party
choice
illinois
rule
clearly
follows
legitimate
interest
illinois
preventing
raiding
justify
device
chosen
effect
goal
device
conspicuously
infringes
upon
basic
constitutional
liberty
far
supporting
validity
illinois
legislation
decision
rosario
suggests
asserted
state
interest
attained
less
drastic
means
unnecessarily
burden
exercise
constitutionally
protected
activity
conclude
therefore
illinois
election
code
unconstitutionally
infringes
upon
right
free
political
association
protected
first
fourteenth
amendments
judgment
district
accordingly
affirmed
footnotes
republican
primary
appellee
voted
involved
nominations
offices
mayor
city
clerk
city
treasurer
chicago
march
democratic
primary
involved
inter
alia
nominations
governor
senator
representative
state
legislators
county
officers
delegates
national
convention
democratic
party
district
upheld
constitutional
validity
rev
require
declaration
party
affiliation
prerequisite
voting
primary
election
holding
unanimous
appealed
case
consolidated
district
similar
action
brought
two
voters
county
clerk
lake
county
illinois
defendant
case
appealed
district
judgment
appellants
case
members
chicago
board
election
commissioners
responsible
administering
provisions
illinois
election
code
within
city
see
rev
et
seq
bracketed
material
original
rev
defines
term
political
party
illinois
law
offices
various
types
political
parties
entitled
make
nominations
party
garners
entire
vote
cast
statewide
general
election
defined
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party
within
state
entitled
make
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state
county
offices
next
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party
polls
entire
vote
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general
election
defined
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party
within
city
entitled
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nominations
city
elective
positions
next
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political
party
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city
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qualified
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nominations
words
party
polled
vote
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general
election
less
vote
preceding
statewide
general
election
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republican
party
whose
chicago
primary
appellee
voted
fit
within
description
true
appellants
argue
plaintiff
faherty
board
election
wished
vote
chicago
democratic
primary
voted
within
past
year
statewide
republican
primary
thus
factual
setting
faherty
precisely
converse
however
distinction
without
difference
holding
faherty
republican
democratic
primaries
even
involving
citywide
offices
primaries
political
parties
within
city
see
supra
thus
primaries
fully
within
purview
rule
see
art
art
ii
respect
elections
federal
office
however
held
congress
power
establish
voter
qualifications
oregon
mitchell
naacp
alabama
bates
little
rock
election
law
new
york
presidential
primaries
held
june
thus
presidential
election
years
cutoff
date
prescribed
occurs
eight
months
primary
rosario
rockefeller
course
made
eligible
vote
democratic
primary
forgoing
participation
republican
primary
course
prevented
associating
party
choice
thus
way
obviated
constitutional
deficiencies
inherent
illinois
law
justice
blackmun
dissenting
deprivation
pontikes
claims
suffered
today
enshrouds
mantle
unconstitutionality
restrained
illinois
statute
voting
one
primary
election
one
party
relatively
minor
context
personal
desire
undo
established
party
affiliation
apart
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restraint
appellee
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fully
free
associate
party
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choice
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free
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chooses
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election
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vote
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party
affiliated
voted
preceding
primary
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think
deserving
repeated
emphasis
note
limited
statutory
restriction
appellee
exercise
franchise
triggered
solely
personal
voluntary
decision
conclusion
seems
dilute
important
first
amendment
concept
vitality
long
run
necessarily
suffer
strained
artificial
applications
kind
mere
fact
state
statute
lightly
brushes
upon
right
vote
right
association
important
automatically
result
invalidation
prior
case
law
require
conclusion
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intrusion
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see
mcdonald
board
election
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rockefeller
nearly
voting
cases
relied
upon
appellee
faced
situations
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amounted
direct
disenfranchisement
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suffered
discrete
class
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impediment
imposed
result
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condition
directly
tied
franchise
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example
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virginia
board
elections
poll
tax
wealth
reynolds
sims
location
cipriano
city
houma
property
ownership
carrington
rash
military
status
cf
dunn
blumstein
residence
cases
direct
impairment
ability
affected
class
without
voluntary
action
participate
electoral
process
level
intrusion
markedly
significant
us
fairly
complex
statutory
structure
designed
illinois
protect
integrity
ballot
box
party
system
interest
asserted
state
clearly
legitimate
one
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rockefeller
dunn
blumstein
bullock
carter
seems
means
kind
illinois
employed
reasonably
related
fulfillment
interest
extent
organized
party
raiding
disrupt
unfortunate
results
orderly
process
party
primary
balloting
perhaps
open
reasonable
differences
opinion
indeed
case
parties
joined
issue
precise
degree
impact
practice
recent
illinois
elections
regardless
factual
version
credited
legitimacy
interest
unquestioned
respect
state
like
illinois
party
regimentation
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scale
legendary
view
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pass
judgment
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departure
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position
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give
elbow
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deserve
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possess
formulate
solutions
many
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problems
confronting
associated
preservation
integrity
franchise
cf
phoenix
kolodziejski
burns
fortson
concurring
opinion
surely
point
important
interest
state
protecting
entire
electoral
system
outweighs
minor
incidental
burden
happens
fall
uniquely
situated
citizens
illinois
legislature
determined
rule
precluding
voting
primaries
different
parties
successive
annual
elections
desirable
necessary
means
preserve
otherwise
vulnerable
structure
rosario
applied
particularized
legitimate
purpose
standard
similarly
directed
scheme
upheld
new
york
statute
justice
rehnquist
points
dissent
post
degree
disenfranchisement
resulting
new
york
provision
potentially
great
greater
illinois
provision
challenged
case
one
taken
together
therefore
effect
incongruous
results
actual
disenfranchisement
case
greater
rosario
illinois
provision
rational
relation
purpose
new
york
provision
new
york
statute
specified
arbitrary
time
period
prior
assumed
organized
party
switching
raiding
purposes
occur
contrast
illinois
chose
employ
flat
time
limit
nature
speculative
arbitrary
instead
tied
disqualification
directly
significant
event
namely
vote
another
party
last
primary
seemingly
period
chosen
limitation
extend
back
beyond
recent
primary
primaries
held
annually
period
amounts
limitation
respect
statute
drawn
narrowly
expected
system
tied
prior
primary
vote
rather
designated
time
period
tying
cutoff
primary
illinois
scheme
seems
directly
designed
succeed
preventing
organized
crossovers
highly
unlikely
significant
number
party
regulars
ever
instructed
vote
one
primary
order
subvert
next
one
held
another
year
justice
rehnquist
also
observes
illinois
system
side
effect
creating
per
se
exclusion
voters
factor
apparently
caused
seek
distinguish
rosario
new
york
disqualification
occasioned
time
limit
impact
often
upon
diligent
indeed
situation
rosario
illinois
provision
hand
affects
party
switchers
clearly
group
amenable
organized
raiding
agree
marginal
difference
may
exist
new
york
rule
illinois
rule
must
effect
transforming
legitimate
time
limitation
rosario
unconstitutional
denial
freedom
association
incongruity
underscores
believe
potential
mischief
results
easy
resort
standard
election
cases
kind
sure
line
constitutionality
unconstitutionality
must
drawn
somewhere
draw
short
illinois
done
justice
rehnquist
justice
blackmun
joins
dissenting
decides
illinois
rule
disqualifying
person
voting
primary
one
political
party
voted
primary
another
political
party
preceding
months
imposes
impermissible
burden
illinois
voters
exercise
right
free
political
association
distinguishes
rosario
rockefeller
decided
last
term
find
rosario
difficult
distinguish
section
illinois
election
code
provides
every
person
eligible
register
vote
entitled
vote
primary
elections
goes
set
number
exceptions
general
entitlement
including
persons
disqualified
rule
challenged
case
persons
disqualified
refuse
declare
party
affiliation
section
requires
primary
voter
declare
party
affiliation
primary
judges
polling
place
provides
challenged
voter
must
establish
right
vote
section
requires
challenged
voter
supply
affidavit
statutorily
prescribed
form
establish
entitled
vote
affidavit
inter
alia
affiant
voted
primary
political
party
within
forbidden
period
illinois
system
primary
elections
unlike
new
york
system
rosario
require
voter
enrolled
member
party
months
advance
order
eligible
vote
party
primary
illinois
provides
instead
declaration
party
affiliation
primary
polling
place
illinois
surprisingly
view
different
primary
system
chosen
another
way
protect
interest
preventing
raiding
new
york
true
makes
clear
illinois
rule
requires
voter
affiliated
one
party
sit
primaries
period
months
order
effectuate
switch
affiliation
another
party
qualify
vote
primaries
respect
illinois
rule
imposes
greater
burden
voters
associational
freedom
new
york
since
new
york
sufficiently
prescient
diligent
voter
vote
different
party
primary
every
year
course
said
whether
illinois
appellee
underwent
change
party
loyalty
time
taken
necessary
steps
enroll
illinois
new
york
rule
hand
illinois
rule
imposes
lesser
burden
previously
unaffiliated
voters
new
york
indeed
imposes
lesser
burden
voter
whatever
reason
failed
vote
primary
another
party
within
past
months
voters
required
foresee
interest
primary
eight
months
new
york
voters
rule
upheld
rosario
practical
matter
voter
required
swear
participated
primary
another
party
condition
right
vote
unless
challenged
respects
illinois
rule
closely
tailored
state
interest
preventing
raiding
new
york
rule
voters
recently
demonstrated
loyalty
another
party
voting
primary
likely
engage
raiding
moreover
challenges
violations
rule
likely
made
serious
danger
raiding
perceived
illinois
rule
struck
today
new
york
rule
upheld
rosario
restrict
voters
freedom
associate
political
party
choice
instances
state
sought
justify
restrictions
promoting
state
legitimate
interest
preventing
raiding
neither
rule
perfectly
fashioned
accomplish
result
conclude
illinois
rule
imposes
significantly
greater
burden
exercise
associational
freedom
new
york
rule
upheld
last
term
rosario
rev
provides
every
person
resided
state
months
precinct
days
next
preceding
primary
therein
shall
citizen
age
years
shall
entitled
vote
primary
following
regulations
shall
applicable
primaries
person
shall
entitled
vote
primary
unless
declares
party
affiliations
required
article
shall
signed
petition
nomination
candidate
party
affiliate
candidate
voted
primary
shall
signed
nominating
papers
independent
candidate
office
office
candidates
nomination
voted
primary
voted
primary
held
article
another
political
party
within
period
calendar
months
next
preceding
calendar
month
primary
held
provided
participation
primary
elector
primary
political
party
provisions
section
article
political
party
within
city
village
incorporated
town
town
entitled
hereunder
make
nominations
candidates
city
village
incorporated
town
town
offices
office
offices
shall
disqualify
primary
elector
participating
primaries
party
provided
qualified
voter
shall
precluded
participating
primary
purely
city
village
incorporated
town
town
political
party
provisions
section
article
reason
voter
voted
primary
another
political
party
within
period
calendar
months
next
preceding
calendar
month
primary
seeks
participate
held
cities
villages
incorporated
towns
board
election
commissioners
voters
registered
provided
article
act
shall
entitled
vote
primary
person
shall
entitled
vote
primary
unless
registered
provisions
article
act
registration
required
said
articles
entitle
vote
election
reference
primary
held
rev
provides
person
desiring
vote
primary
shall
state
name
residence
party
affiliation
primary
judges
one
shall
thereupon
announce
distinct
tone
voice
sufficiently
loud
heard
persons
polling
place
article
applicable
certificate
registered
voter
therein
prescribed
shall
made
signed
official
poll
record
shall
made
person
desiring
vote
challenged
one
primary
judges
shall
give
one
one
primary
ballot
political
party
declares
affiliated
back
primary
judge
shall
endorse
initials
manner
may
seen
primary
ballot
properly
folded
person
desiring
vote
challenged
shall
receive
primary
ballot
primary
judges
shall
established
right
vote
hereinafter
provided
person
refuses
state
party
affiliation
shall
allowed
vote
primary