anderson celebrezze argued december decided april ohio statute requires independent candidate president file statement candidacy nominating petition march order appear general election ballot november april petitioner anderson announced independent candidate president thereafter may supporters tendered nominating petition statement candidacy satisfying substantive requirements ballot eligibility respondent ohio secretary state respondent refused accept documents filed within time required ohio statute anderson petitioner voters filed action federal district challenging constitutionality statute district granted summary judgment petitioners ordered respondent place anderson name general election ballot holding statutory deadline unconstitutional first fourteenth amendments appeals reversed holding early deadline served state interest voter education giving voters longer opportunity see presidential candidates withstand close scrutiny political campaign held ohio early filing deadline places unconstitutional burden voting associational rights petitioner anderson supporters pp resolving constitutional challenges state election laws must first consider character magnitude asserted injury rights protected first fourteenth amendments plaintiff seeks vindicate must identify evaluate interests asserted state justify burden imposed rule passing judgment must determine legitimacy strength interests must also consider extent interests make necessary burden plaintiff rights weighing factors position decide whether challenged provision unconstitutional pp ohio filing deadline burdens associational rights independent voters candidates also places significant restriction nationwide electoral process burden falls unequally independent candidates new small political parties impinges nature associational choices protected first amendment discriminates candidates voters whose political preferences lie outside existing political parties context presidential election restrictions implicate uniquely important national interest president vice president elected officials represent voters nation impact votes cast state affects votes cast pp none three interests ohio seeks early filing deadline justifies deadline state asserted interest voter education unrealistic modern world suggest takes seven months inform electorate qualifications particular candidate simply lacks partisan label moreover interest voter education served early filing deadline state asserted interest equal treatment partisan independent candidates achieved imposing early filing deadline since although candidate participating primary election must declare candidacy date independent burdens benefits respective requirements materially different reasons early filing primary candidate inapplicable independent candidates general election state asserted interest political stability amounts desire protect existing political parties competition generated independent candidates previously affiliated party interest conflicts first amendment values ohio deadline serve state interest maintaining integrity various routes ballot presidency ohio presidential preference primary serve narrow field general election storer brown distinguished deadline drawn protect parties intraparty feuding may actually impair state interest preserving party harmony pp stevens delivered opinion burger brennan marshall blackmun joined rehnquist filed dissenting opinion white powell joined post george frampton argued cause petitioners briefs mitchell rogovin james pohlman thomas young joel taylor argued cause respondent brief william brown attorney general ohio arthur eisenberg charles sims bruce campbell john armor filed brief american civil liberties union et al amici curiae urging reversal paul allen filed brief libertarian national committee amicus curiae justice stevens delivered opinion april petitioner john anderson announced independent candidate office president thereafter supporters gathering signatures registered voters filing required documents submitting filing fees able meet substantive requirements name placed ballot general election november district columbia april however already late anderson qualify position ballot ohio certain statutory deadlines filing statement candidacy already passed question presented case whether ohio early filing deadline placed unconstitutional burden voting associational rights anderson supporters facts dispute may anderson supporters tendered nominating petition containing approximately signatures statement candidacy respondent celebrezze ohio secretary state documents entitled anderson place ballot filed march respondent refused accept petition solely filed within time required ohio revised code three days later anderson three voters two registered ohio one new jersey commenced action district southern district ohio challenging constitutionality ohio early filing deadline independent candidates district granted petitioners motion summary judgment ordered respondent place anderson name general election ballot supp district held statutory deadline unconstitutional two grounds imposed impermissible burden first amendment rights anderson ohio supporters diluted potential value votes might cast moreover requiring independent declare candidacy march without mandating comparable action nominee political party state violated equal protection clause fourteenth amendment district noted state advance administrative reasons early deadline rejected state asserted justification deadline promoted political stability interest diminished importance presidential campaign also adequately vindicated another statute prohibiting defeated candidate party primary running independent secretary state promptly appealed unsuccessfully requested expedited review appeals apparently seek stay district order election held appeal pending ohio anderson received votes percent votes cast nationally received votes approximately percent total appeals reversed first inferred summary affirmances sweetenham rhodes supp sd ohio summarily aff pratt begley supp ed summarily aff implicitly sustained validity early filing deadlines correctly recognizing limited precedential effect accorded summary dispositions appeals independently reached conclusion held ohio early deadline ensures voters making important choice next president opportunity careful look candidates chance see withstand close scrutiny political campaign litigation brought anderson challenging early filing deadlines maine maryland courts appeals first fourth circuits affirmed district judgments ordering anderson name placed ballot see anderson quinn supp affirmance order anderson morris supp md aff conflict among circuits important question constitutional law led us grant certiorari reverse date toward end march even intervening events create unanticipated political opportunities independent candidate may enter presidential race seek place name ohio general election ballot thus direct impact ohio early filing deadline falls upon aspirants office nevertheless recognized rights voters rights candidates lend neat separation laws affect candidates always least theoretical correlative effect voters bullock carter primary concern tendency ballot access restrictions limit field candidates voters might choose therefore approaching candidate restrictions essential examine realistic light extent nature impact voters ibid impact candidate eligibility requirements voters implicates basic constitutional rights writing unanimous naacp alabama ex rel patterson justice harlan stated beyond debate freedom engage association advancement beliefs ideas inseparable aspect liberty assured due process clause fourteenth amendment embraces freedom speech first review ohio electoral scheme williams rhodes explained interwoven strands liberty affected ballot access restrictions present situation state laws place burdens two different although overlapping kinds rights right individuals associate advancement political beliefs right qualified voters regardless political persuasion cast votes effectively rights course rank among precious freedoms although rights voters fundamental restrictions imposed candidates eligibility ballot impose constitutionally suspect burdens voters rights associate choose among candidates recognized practical matter must substantial regulation elections fair honest sort order rather chaos accompany democratic processes storer brown achieve necessary objectives enacted comprehensive sometimes complex election codes provision schemes whether governs registration qualifications voters selection eligibility candidates voting process inevitably affects least degree individual right vote right associate others political ends nevertheless state important regulatory interests generally sufficient justify reasonable nondiscriminatory restrictions constitutional challenges specific provisions state election laws therefore resolved test separate valid invalid restrictions storer supra instead must resolve challenge analytical process parallels work ordinary litigation must first consider character magnitude asserted injury rights protected first fourteenth amendments plaintiff seeks vindicate must identify evaluate precise interests put forward state justifications burden imposed rule passing judgment must determine legitimacy strength interests also must consider extent interests make necessary burden plaintiff rights weighing factors reviewing position decide whether challenged provision unconstitutional see williams rhodes supra bullock carter american party texas white illinois elections bd socialist workers party results evaluation automatic recognized substitute hard judgments must made storer brown supra ii early filing deadline may substantial impact voters election campaigns particularly national scope candidates issues simply remain static time various candidates rise fall popularity domestic international developments bring new issues center stage may affect voters assessments national problems developments certainly affect strategies candidates already entered race may also create opportunities new candidates see bickel reform continuity yet ohio filing deadline prevents persons wish independent candidates entering significant political arena established state presidential election campaign creating new political coalitions ohio voters time mid late march point developments campaigns nominations begun major parties adopt nominees platforms another five months candidates supporters within major parties thus political advantage continued flexibility independents inflexibility imposed march filing deadline correlative disadvantage competitive nature electoral process state filing deadline later year newly emergent independent candidate serve focal point grouping ohio voters decide dissatisfied choices within two major parties recognized williams rhodes ince 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 indeed several important candidacies american history launched two major parties staked positions selected nominees national conventions summer presidential candidate outside major parties whose positions issues command widespread community support excluded ohio general election ballot ohio system thus denies disaffected choice leadership choice issues well williams rhodes supra challenged ohio statute totally exclude candidate makes decision run president independent march deadline also burdens efforts independents decide run time meet deadline primary campaigns far future election even remote obstacles facing independent candidate organizing efforts compounded volunteers difficult recruit retain media publicity campaign contributions difficult secure voters less interested campaign clear march filing deadline places particular burden identifiable segment ohio voters see supra cases held especially difficult state justify restriction limits political participation identifiable political group whose members share particular viewpoint associational preference economic status ballot access cases focus degree challenged restrictions operate mechanism exclude certain classes candidates electoral process inquiry whether challenged restriction unfairly unnecessarily burdens availability political opportunity clements fashing plurality opinion quoting lubin panish burden falls unequally new small political parties independent candidates impinges nature associational choices protected first amendment discriminates candidates particular importance voters whose political preferences lie outside existing political parties clements fashing supra plurality opinion limiting opportunities voters associate electoral arena enhance political effectiveness group restrictions threaten reduce diversity competition marketplace ideas historically political figures outside two major parties fertile sources new ideas new programs many challenges status quo time made way political mainstream illinois elections bd socialist workers party sweezy new hampshire opinion warren short primary values protected first amendment profound national commitment principle debate public issues uninhibited robust new york times sullivan served election campaigns monopolized existing political parties furthermore context presidential election restrictions implicate uniquely important national interest president vice president elected officials represent voters nation moreover impact votes cast state affected votes cast various candidates thus presidential election state enforcement stringent ballot access requirements including filing deadlines impact beyond borders similarly state less important interest regulating presidential elections statewide local elections outcome former largely determined voters beyond state boundaries striking state statute unduly restricting choices made major party presidential nominating convention observed conventions serve pervasive national interest selection candidates national office national interest greater interest individual state cousins wigoda ohio filing deadline challenged case burden associational rights independent voters candidates places significant restriction nationwide electoral process iii state identifies three separate interests seeks early filing deadline independent presidential candidates voter education equal treatment partisan independent candidates political stability examine legitimacy interests extent march filing deadline serves voter education question legitimacy state interest fostering informed educated expressions popular general election moreover appeals correctly identified interest one concerns motivated framers decision provide direct popular election president persuaded however state important legitimate interest voter education justify specific restriction participation presidential election issue case passage time since constitutional convention brought two changes relevant reasonableness ohio statutory requirement independents formally declare candidacy least seven months advance general election first although took days often weeks even rudimentary information important events transmitted one part country another today even trivial details national candidates instantaneously communicated nationwide verbal visual form second although literacy far universal america today vast majority electorate literate also informed basis events issues affect election choices popularity individual candidates modern world somewhat unrealistic suggest takes seven months inform electorate qualifications particular candidate simply lacks partisan label cases reflect greater faith ability individual voters inform campaign issues dunn blumstein considered validity tennessee statute requiring residence state one year county three months prerequisite registration vote held statute unconstitutional specifically rejecting argument requirements justified state interest voter education given modern communications given clear indication campaign spending voter education occur largely month election state seriously maintain necessary reside year state three months county order knowledgeable congressional state even purely local elections footnotes omitted also means interest voter education served requirement independent candidates must declare candidacy end march order eligible place ballot november requirement enforced ohio petitioner anderson might well determined futile allocate time money campaigning state ohio electorate might thereby denied whatever benefits participation local debates contributed understanding issues state claim enhancing ability citizenry make wise decisions restricting flow information must viewed skepticism observed another first amendment context often true best means end open channels communication rather close virginia pharmacy board virginia citizens consumer council equal treatment also find merit state claim early filing deadline serves interest treating candidates alike brief respondent true candidate participating primary election must declare candidacy date independent burdens benefits respective requirements materially different reasons requiring early filing primary candidate inapplicable independent candidates general election consequences failing meet statutory deadline entirely different party primary participants independents name nominees democratic republican parties appear ohio ballot november even decide run ohio march deadline passed independent simply denied position ballot waits long thus ohio scheme major parties may include events preceding national conventions calculus produces respective nominees campaign platforms independent judgment must based history ends march early filing deadline candidate party primary election adequately justified administrative concerns days appears reasonable time processing documents submitted candidates preparing ballot primary date must set sufficiently advance general election furthermore presidential preference primary must precede national convention regularly held summer finally successful participant party primary generally acquires automatic support experienced political organization presidential contest obtains support convention delegates neither administrative justification benefit early filing deadline applicable independent candidate ohio suggest march deadline necessary allow petition signatures counted verified permit november general election ballots printed addition early deadline correspond potential benefit independent party candidate filing statement candidacy independent participate structured intraparty contest determine receive organizational support must develop support means short equal treatment partisan independent candidates simply achieved imposing march filing deadline written ometimes grossest discrimination lie treating things different though exactly alike jenness fortson political stability although appeals discuss state interest political stability primary justification advanced respondent district asserted respondent brief explains state substantial interest protecting two major political parties damaging intraparty feuding brief respondent according respondent candidate decision abandon efforts win party primary run independent damaging state political party structure anderson decision run independent respondent argues threatened splinter ohio republican party drawing away activists work independent campaign see ohio asserted interest political stability amounts desire protect existing political parties competition competition campaign workers voter support campaign resources generated independent candidates previously affiliated party evaluation interest guided two prior cases williams rhodes storer brown williams rhodes squarely held protecting republican democratic parties external competition justify virtual exclusion political aspirants political arena addressing ohio claim may validly promote system order encourage compromise political stability wrote 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 williams rhodes hand storer brown upheld two california statutory provisions restricted access independent candidates general election ballot california law person run independent november defeated party primary year registered political party within one year prior year primary election stated california apparently believes founding fathers splintered parties unrestrained factionalism may significant damage fabric government destruction political stability system state profound consequences entire citizenry approved state goals discouraging independent candidacies prompted political goals pique personal quarrel thus storer recognized legitimacy state interest preventing splintered parties unrestrained factionalism suggest political party invoke powers state assure monolithic control members supporters political competition draws resources away major parties reason alone condemned unrestrained factionalism instead storer examined two challenged provisions context california electoral system requiring candidate remain intraparty competition disaffiliation deadline passed giving conclusive effect winnowing process performed party members primary election challenged provisions essential part general state policy aimed maintaining integrity various routes ballot moreover pointed policy involves discrimination independents storer supra ohio challenged restriction substantially different california provisions upheld storer noted early filing deadline discriminate independents deadline neither sore loser provision disaffiliation statute furthermore important recognize storer upheld state interest avoiding political fragmentation context elections wholly within boundaries california state interest regulating nationwide presidential election nearly strong state singlehandedly assure political stability presidential context ohio deadline serve state interest maintaining integrity various routes ballot presidency ohio presidential preference primary serve narrow field general election major party candidate loses ohio primary even run ohio may nonetheless appear november general election ballot party nominee addition national scope competition delegates presidential nominating conventions assures intraparty feuding continue august generally early filing deadline precisely drawn protect parties intraparty feuding whatever legitimacy state goal may presidential election deadline designed keep intraparty competition within party structure coverage broad narrow true case applied candidate previously competed party primaries sought run independent early deadline applies broadly independent candidates affiliated recent past political party hand long decision run made march deadline ohio prohibit independent candidacies persons formerly affiliated political party currently participating intraparty competition regardless effect political party structure moreover early deadline filing independent may actually impair state interest preserving party harmony professor bickel perceptively observed characteristic american third party consists group people tried exert influence within one major parties failed later decide work outside early qualifying date tend force groups create minor parties without first attempting influence course taken major one dissident group put choice foregoing primary prenomination activity organizing separately early election year losing opportunity action third party later bickel supra conclude ohio march filing deadline independent candidates office president justified state asserted interest protecting political stability 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 kusper pontikes iv began inquiry noting primary concern interest candidate anderson rather interests voters chose associate together express support anderson candidacy views espoused realistic appraisal extent nature burdens ohio placed voters freedom choice freedom association election nationwide importance unquestionably outweigh state minimal interest imposing march deadline judgment appeals reversed footnotes person desiring become independent candidate office candidates may nominated primary election except persons desiring become independent joint candidates offices governor lieutenant governor shall file later four day day primary election immediately preceding general election candidacy voted voters statement candidacy nominating petition provided section revised code ohio rev code ann supp anderson name entered republican primary ohio made decision run independent actually competed unsuccessfully nine republican primaries nevertheless parties agree timely withdrawal ohio primary avoided application state sore loser statute ohio rev code ann supp disqualifies candidate ran unsuccessfully party primary running independent general election see supp sd ohio appeals denied motion expedited appeal respondent filed petition writ certiorari judgment together motion expedite consideration petition motion petition denied election november even though election case moot see storer brown america votes handbook contemporary american election statistics appeals quite properly concluded summary affirmances sweetenham gilligan pratt begley rather slender reed rest decision often recognized precedential effect summary affirmance extends precise issues presented necessarily decided actions summary disposition affirms judgment may read action essential sustain judgment illinois elections bd socialist workers party mandel bradley see fusari steinberg burger concurring neither sweetenham pratt involved filing deadlines presidential candidates see juris statement pratt begley independent candidates house representatives juris statement sweetenham rhodes independent candidates governor ohio house representatives sweetenham arose review district refusal grant injunctive relief placing appellants ballot relied least part appellants failure take steps become candidates primary date days challenged filing deadline indeed tender nominating petitions time filing suit see pratt district dismissed complaint seeking declaratory well injunctive relief concluding early filing deadline reasonable refused place appellants ballot equitable ground submitted nominating petitions two half months party nominees chosen primary appeals acknowledged remand mandel bradley supra control case plaintiff sought run independent candidate senator maryland challenged maryland code provision imposing early filing deadline numerical signature requirement neither parties addressed constitutionality filing date standing alone district improperly relied prior summary affirmance strike restriction failed undertake independent examination merits remanded factual findings remand district found early filing deadline imposed unconstitutional burdens plaintiff bradley mandel supp md anderson also prevailed first amendment equal protection clause grounds anderson hooper supp nm grounds greaves mills supp ed rev part grounds case base conclusions directly first fourteenth amendments engage separate equal protection clause analysis rely however analysis number prior election cases resting equal protection clause fourteenth amendment cases applying fundamental rights strand equal protection analysis identified first fourteenth amendment rights implicated restrictions eligibility voters candidates considered degree state restrictions legitimate state interests see williams rhodes bullock carter lubin panish illinois elections bd socialist workers party supra see williams rhodes right form party advancement political goals means little party kept election ballot thus denied equal opportunity win votes harlan concurring result denying appellants opportunity participate procedure president selected state eliminated basic incentive political parties conducting activities thereby depriving appellants much substance form protected rights illinois elections bd socialist workers party election campaign means disseminating ideas well attaining political office overbroad restrictions ballot access jeopardize form political expression upheld generally applicable evenhanded restrictions protect integrity reliability electoral process state undoubted right require candidates make preliminary showing substantial support order qualify place ballot wasteful confusing encumber ballot names frivolous candidates jenness fortson american party texas white cf storer brown mandel bradley remand assess burden placed state requirements independent candidates state also right prevent distortion electoral process device party raiding organized switching blocs voters one party another order manipulate outcome party primary election rosario rockefeller cf kusper pontikes also upheld restrictions candidate eligibility serve legitimate state goals unrelated first amendment values see clements fashing incumbent justice peace may seek election state legislature persons holding specified state county offices deemed automatically resign present office run another elective office see american party texas white supra illinois elections bd socialist workers party supra blackmun concurring cf mississippi university women hogan professor bickel written never evident unforeseen occurrences early portion election year fundamentally affect political expectations administrative reasons cutoff date sometime little capricious laws force commitment act within without major parties least two upheaval president johnson withdrawal march many important primaries mention event assassination robert kennedy june bickel reform continuity five individuals able qualify independent presidential candidates ohio inclusion ballot negate burden imposed associational rights voters candidates gus hall communist party richard congress socialist workers party deirdre griswold workers world party ed clark libertarian party barry commoner citizen party represented ideologically committed minor parties proceed minor party provisions ohio election code candidacies corresponded protected first amendment interests ohio voters unlike anderson unlikely adequately satisfy voting associational interests voters whose independent political leanings crystallized result developments course primary campaigns cf developments law elections harv rev standpoint potential supporters minor parties independent candidates differ latter free ties obligations party organizations support total commitment political allegiance require renunciation major party affiliation focus associational rights voters distinguishes burden imposed ohio early filing deadline created california disaffiliation provision upheld storer brown although disaffiliation provision may preclude voters supporting particular ineligible candidate remain free support promote candidates satisfy state disaffiliation requirements see generally app brief american civil liberties union amicus curiae bickel supra see bradley mandel findings fact district remand bullock carter noted disparity voting power created high candidate filing fees described reference discrete precisely defined segments community typical inequities challenged equal protection clause indeed impact fell undetermined number voters yet filing fees unconstitutional obvious likelihood limitation fall heavily less affluent segment community whose favorites may unable pay large costs required texas system see also tribe american constitutional law professor tribe explains although candidate eligibility requirements may exclude particular candidates remains possible eligible candidate adequately reflect perspective might voted candidate excluded courts quite properly carefully appraised fairness openness laws determine political groups place candidate choice ballot cf developments law elections supra addition interests minor parties independent candidates well represented state legislatures risk first amendment rights groups ignored legislative decisionmaking may warrant careful judicial scrutiny see generally carolene products ely democracy distrust theory judicial review see generally key politics parties pressure groups ed professor bickel observed minor parties led flank major parties still followed opinion middle time middle moved one major parties occupy ground reconnoitered minor party 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 supra constitution expressly delegates authority regulate selection presidential electors art ii see mcpherson blacker emphasized must reject notion art ii gives power impose burdens right vote burdens expressly prohibited constitutional provisions williams rhodes district recognized case goal voters plaintiff eisenstat anderson appear ballot amass enough electoral votes elect anderson ohio deadline denying anderson place ballot removes sixth largest slate electors anderson reach thereby reduces total pool electoral votes may compete nationwide electors approximately district columbia filing deadlines independent presidential candidates occur august september deadlines number june july anderson barred early filing deadlines ohio four succeeded obtaining orders requiring placement ballot five see supra importance interest made clear constitutional convention delegates debated extensively means selecting president alternatives received attention early debates appointment national legislature election people large former made impossible guarantee independent executive election people also disfavored part concern ignorance populace qualified job see williams rhodes supra harlan concurring result electoral college created permit knowledgeable members community choose executive nation whose continental dimensions thought preclude informed choice citizenry large see beveridge life john marshall see lockridge literacy colonial new england soltow stevens rise literacy common school socioeconomic analysis pp cf oregon mitchell upholding act congress forbidding disqualify voters presidential elections failure meet state residency requirements similar analysis applies appeals assertion state promotes informed voter choices assuring voters apprised date certain options reasoning assumes relevant point decision occurs march although voter actually required make final choice among eligible candidates november moreover matter practical politics electoral process contains cure voters ignorance particular candidate unknown candidates simply win large numbers votes key goal every political campaign promote candidate name identification among electorate true course ohio permits votes independents previously noted opportunity adequate substitute candidate name appear printed ballot suggested procedure et without filing fee adequate alternative california present requirement realities electoral process however strongly suggest access via votes falls far short access terms name candidate ballot candidate relegated provision forced rest chances solely upon voters remember name take affirmative step writing ballot lubin panish appeals recognized significance flexibility results able make later decision concluded right select nominee presidency convention conducted late summer right possessed political party right possessed nominee personally contrast reasoned independent candidacy existence apart candidate interest flexibility choosing nominee appeals err ignoring associational rights voters desire support independent candidacy rationale simply bearing state asserted equality interest respondent conceded district nominating petitions filed march remain unprocessed office june transmits county boards election boards begin verify signatures period july july finally secretary state certify names presidential candidates including independents inclusion ballot late august party nominating conventions according district based stipulated facts appears days necessary perform tasks particular interest political stability must confused interest implicated rules designed prevent party raiding see supra interest sufficient sustain challenged restriction rosario rockefeller applicable party primaries case involves restrictions access general election ballot interest justifies rule disqualifying person voted party primary signing petition supporting candidacy independent rule reflects policy confining voter single nominating act either voting partisan primary signature independent petition storer brown see american party texas white even though drafting election laws doubt largely handiwork major parties typically dominant state legislatures follow particular interests major parties automatically characterized legitimate state interests section filing deadline sore loser statute blocks access general election ballot days primary time definition candidate yet lost party primary ohio separate sore loser statute admittedly inapplicable anderson made timely withdrawal ohio republican primary see supra furthermore district observed clear acts disaffiliation provision mere happenstance reasonably discernible legislative design hall tyner presidential vice presidential candidates apparently complied disaffiliation provision storer disaffiliation statute challenged storer frommhagen wished run independents house representatives justice rehnquist justice white justice powell justice join dissenting article ii constitution provides ach state shall appoint manner legislature thereof may direct number electors shall select president art ii cl provision one constitution grants express plenary power conveys broadest power determination recognizes election president people act representatives legislature leaves legislature exclusively define method effecting object mcpherson blacker emphasis added exercising power ohio legislature provided alternative routes general election ballot capture ohio presidential electoral votes political parties earn right field presidential candidate general election one two ways parties obtained least vote preceding gubernatorial presidential election automatically entitled candidate general election ballot political parties required file days primary election date february statement intent participate primary together petitions containing signatures voters equal votes cast last gubernatorial presidential election approximately signatures required ohio rev code ann supp ohio also offers candidates different routes general election ballot candidate decide seek nomination political party participating ohio primary election capturing delegate votes party national convention candidate must file declaration candidacy nominating petition bearing signatures members party filing must occur later day first tuesday first monday june election year date march ohio rev code ann supp course political party earned right put ballot candidate chosen national convention candidate seeking nomination party forgo ohio primary process win national convention still placed ballot party candidate candidate chooses run nonparty candidate must file date party candidate participating primary statement candidacy nominating petition bearing signatures qualified voters ohio rev code ann supp since nonparty candidate participate national convention obviously benefit routes made available political parties today holds filing deadline nonparty candidates statutory scheme violated first amendment rights presidential hopeful john anderson anderson supporters certainly absent injunction ordering name placed ballot anderson supporters injured ohio ballot access requirements failing comply filing deadline nonparty candidates anderson excluded ohio general election ballot constitution require state allow particular presidential candidate ballot long ohio ballot access laws rational allow nonparty candidates reasonable access general election ballot interfere ohio exercise art ii cl power since believe ohio laws meet criteria dissent support conclusion ohio filing deadline may substantial impact voters ante explains state filing deadline later year newly emergent independent candidate serve focal point grouping ohio voters ante addition says challenged ohio statute totally exclude candidate makes decision run president independent march deadline also burdens efforts independents decide run time meet deadline ante finally intimates effect filing deadline nonparty candidates election campaigns monopolized existing political parties ante true findings might provide basis finding substantial impact nonparty candidates supporters conclusions simply unsupported record case anderson makes claim thus offered evidence show early filing deadline impeded efforts alone enough prevent finding deadline impact statute upset upon hypothetical unreal possibilities good upon facts pullman knott information record contain point leads contrary conclusion record shows five independent candidates submitted nominating petitions necessary signatures march deadline thus qualified general election ballot ohio see ante appeals found number nonparty candidates unusual ohio importance kind evidence noted storer brown said past experience helpful always unerring guide one thing independent candidates qualified regularity quite different matter obvious conclusion drawn past experience case reasonably diligent independent candidate choosing take ohio nonparty route little difficulty obtaining necessary signatures timely fashion see ibid intimation ohio filing deadline infringes nonparty candidate makes decision run president march deadline similarly without support record certainly candidates emerge ohio deadline prevent running general election nonparty candidates certainly however anderson candidate anderson formally announced candidacy presidency june nine months ohio march deadline record reveal existence individual decided become nonparty presidential candidate march deadline fact noted five individuals seek electoral votes nonparty alternative trouble making decision filing deadline trouble qualifying position general election ballot finally nothing record indicate case voters prevented rallying behind candidate selected later election year guarantee major parties monopoly election process voters want participate existing political party complete liberty form new political party obtain flexibility established political parties selection nominee president true ohio provides benefit group voters acts foresight shows degree support among electorate case presents challenge requirements record us effect ohio filing deadline quite easily summarized requires candidate already decided run president decide march route candidacy take become nonparty candidate filing nominating petition signatures assure place general election ballot become party candidate take chances securing position general election ballot seeking nomination party national convention anderson chose latter route submitted timely fashion nominating petition ohio republican primary realizing chance republican nomination anderson sought change form candidacy ohio filing deadline prevented making change quite clearly rather prohibiting seeking presidency filing deadline prevented anderson two shots election year thus ohio filing deadline create restriction denying franchise citizens faced kramer union school district emphasis omitted cipriano city houma per curiam evans cornman phoenix kolodziejski dunn blumstein likewise ohio filing deadline create restriction makes virtually impossible candidates nonparty candidates qualify ballot addressed williams rhodes bullock carter lubin panish yet deciding case without guidance prior decisions storer brown faced california statute prohibiting independent candidate affiliating political party months preceding primary election required prospective candidate decide form candidacy date eight months earlier ohio requires upholding face first amendment challenge disaffiliation statute statute preventing candidates lost primary running independents determined laws expressive general state policy aimed maintaining integrity various routes ballot statutes furthered state interest described compelling stability political system explained holding saying state general policy contending forces within party employ primary campaign primary election finally settle differences general election ballot reserved major struggles forum continuing intraparty feuds provision defeated primary candidates running independents effectuates aim visible result prevent losers continuing struggle limit names ballot primaries independents properly qualified people hoped presented understandable choices winner general election sufficient support govern effectively disaffiliation statute carries similar credentials protects direct primary process refusing recognize independent candidates make early plans leave party take alternative course ballot works independent candidacies prompted political goals pique personal quarrel also substantial barrier party fielding independent candidate capture bleed votes general election might well go another party state need take course california california apparently believes founding fathers splintered parties unrestrained factionalism may significant damage fabric government see federalist madison appears obvious us disaffiliation provision furthers state interest stability political system also consider interest permissible compelling outweighing interest candidate supporters may making late rather early decision seek independent ballot status constitution require state choose ineffectual means achieve aims conclude otherwise might sacrifice political stability system state profound consequences entire citizenry merely interest particular candidates supporters instantaneous access ballot emphasis added refusing conflict opinion creates storer tries distinguish saying suggest political party invoke powers state assure monolithic control members supporters ante asserts ohio filing deadline like statutory scheme williams rhodes supra designed protect two particular parties republicans democrats effect tends give complete monopoly ante quoting williams rhodes see also ante williams rhodes squarely held protecting republican democratic parties external competition justify virtual exclusion political aspirants political arena see buckley valeo per curiam ohio asserted interest political stability says amounts desire protect existing political parties competition ante simply case ohio filing deadline way makes virtually impossible new parties nonparty candidates secure position general election ballot require early decisions decision made claim additional requirements new parties nonparty candidates burdensome fact past experience shown otherwise ohio filing deadline prevents candidate anderson seeking party nomination finding rejected party bolting party form independent candidacy precisely behavior california sought prevent disaffiliation statute upheld storer makes attempts distinguish case obviously similar storer case says ohio interest preventing intraparty feuding nature presidential nominating conventions intraparty feuding continue august ante certainly different situation storer essentially battles party nominations california taken place months party primaries period independent candidate disaffiliated party notes storer upheld state interest avoiding political fragmentation context elections wholly within boundaries california state interest regulating nationwide presidential election nearly strong ante omitted characterization election simply incorrect ohio general election among things appointment ohio representatives electoral college art ii cl throughout opinion fails come grips fact ohio may lesser interest ultimately selected electoral college interest supported presidential electors must least strong interest electing representatives presidential electors may serve short term may speak one time behalf voters represent role casting ohio electoral votes president may second none importance see burroughs suggests storer controlling since case held california disaffiliation statute discriminatory party candidates prohibited affiliating another political party months preceding primary election says ohio filing deadline discriminate nonparty candidates merely saying make explained later nonparty candidates party candidates wishing participate ohio primary election must file date true party candidates obtain place general election ballot without participating primary obtaining party nomination national convention benefit given party incidentally received winning party candidate provides benefit one seeks fails obtain party nomination whole party candidates difficult chore getting place general election ballot nonparty candidates fact anderson unsuccessful rivals republican nomination doubtless aware nonparty candidates file time submit necessary nominating petitions assured place ballot party candidates must win party nomination final attempt distinguish storer argues even ohio serving interest preventing intraparty feuding filing deadline broad narrow even argues filing deadline may fact impair interest ante claims effect deadline broad applies independent candidates affiliated recent past political party ibid effect narrow prohibit independent candidacies persons formerly affiliated political party currently participating intraparty competition ibid says filing deadline may impair interest preserving political stability may force voters create minor parties without first attempting influence course taken major one ibid quoting bickel reform continuity criticisms asserted california disaffiliation statute point misses cases like storer never required meet kind narrowly tailored standard order pass constitutional muster reviewing election laws like ohio filing deadline said job ensure state way freezes status quo implicitly recognizes potential fluidity american political life jenness fortson freeze status quo state laws upheld tied particularized legitimate purpose sense invidious arbitrary rosario rockefeller see also marston lewis per curiam burns fortson per curiam american party texas white mandel bradley per curiam clements fashing tries avoid rules set forth cases saying rules applicable party primaries case involves restrictions access general election ballot ante fallacy reasoning quite apparent one restrict access primary ballot without also restricting access general election ballot said storer brown direct party primary california merely exercise general election integral part entire election process initial stage process people choose public officers functions winnow finally reject chosen candidates omitted ohio filing deadline easily meets test described interest stability political system storer brown ohio must free assure nonparty candidate serious contender truly independent satisfactory level community support interest alone sufficient support ohio ballot access laws require candidates presidential electors choose route early thus preventing person decided run party nomination switching nonparty candidacy discovers favorite party interest furthered ohio laws ohio maintains requiring early declaration candidacy gives voters better opportunity take careful look candidates see withstand close scrutiny political campaign dispute legitimacy interest finds state important legitimate interest voter education justify specific restriction participation presidential election issue case ante admitting constitutional convention establishing electoral college providing plenary authority election members college heightened awareness importance informed electorate tells us times changed past years problem ensuring informed electorate longer great explains modern world somewhat unrealistic suggest takes seven months inform electorate qualifications particular candidate cases reflect greater faith ability individual voters inform campaign issues ante agree suggestion early deadline reflects lack faith voters ohio wants give voters much time possible gather information potential candidates seem lead contrary conclusion nothing improper wanting much time possible evaluate available information making important decision besides assertion take months inform electorate difficult explain light fact anderson allowed months complete task well aware anderson decision make early go atypical reliance quote dunn blumstein campaign spending voter education occur largely month election taken seriously applied presidential campaigns see basis whatsoever conclusion reasoning applies even greater force presidential election ante republic people sovereign ability citizenry make informed choices among candidates office essential identities elected inevitably shape course follow nation buckley valeo especially true context candidates president president vested executive power nation importance election vital character relationship effect upon welfare safety whole people strongly stated burroughs believe appeals aptly explained present day need saying sure impediments informed electorate existed removed extensive present day communications network news candidacy transmitted nationwide virtually simultaneously announcement however rapid communication inform electorate existence candidacy equally crucial meaningful vote electorate ability evaluate president aware desire fill post ohio may reasonably conclude requiring presidential candidates public eye significant time materially advances interest careful selection seems say even interests otherwise served ohio filing deadline undermined state willingness place nominees november ballot even never campaigned ohio ante fails follow warning ometimes grossest discrimination lie treating things different though exactly alike ante quoting jenness fortson underlying entire opinion idea independent candidates treated differently candidates fielded major parties observation productive comparing apples oranges wondering difference first political party major minor otherwise qualify position ohio general election ballot position held open later election year reasonableness approach fairly obvious political parties least hope continuing existence representing particular philosophies party interest finding best candidate advance philosophy election see cousins wigoda democratic party wisconsin ex rel la follette suggests procedure important political parties followers particular candidate also time see ante argument simply group voters sufficient numbers free form political party ensure time selecting candidate express views followers particular candidate need time find representative organized around candidate followers real organized existence absence particular candidate comparing party candidates nonparty candidates somewhat useful change result candidate wanting pursue place ohio general election ballot ohio preliminary procedures must file time nevertheless individual filed statement candidacy chosen political party nominee ohio attempt keep candidate general election ballot extent advantage successful party candidate however benefit given party party candidate receives incidentally furthermore extent party candidate benefited benefit counterbalanced risk takes getting party nomination nonparty candidate assure place general election ballot many party candidates may seek party nomination one get decision case necessary protection voters want support independent candidate ohio laws already protect voters case presents completely different story john anderson decided months general election run president decided run republican party candidate anderson sought get ohio ballot march deadline newly emergent independent candidate whose candidacy created dramatic changes election campaign party candidate saw impending rejection party rather throw support party candidate existing candidacy anderson wanted bolt second try opinion protects particular kind candidate individual decides well advance become presidential candidate decides route follow seeking position general election ballot seeing hopes turn ashes wants try another route opinion draws line presume state must wait party nominees chosen allow unsuccessful party candidates refight party battles forming independent candidacy find nothing constitution requires result reason affirm judgment appeals anderson totally excluded participating general election since ohio allows candidacies suggests however relevance procedure adequate substitute candidate name appear printed ballot ante today squarely held fact earlier decisions treated availability candidacies quite relevant see storer brown furthermore appeals pointed one speculate nonparty candidates difficulty meeting signature requirements various less discretion setting deadlines also note effect limiting discretion require uniformity thus compressing signature gathering campaigning requirements various greatly increase burden candidates may presently devote scarce resources time seem realistically speaking little chance modern times serious candidate presidency making decision run spring election year might judicially take notice presently spring year preceding election year numerous candidates already thrown hats campaign ring proof contrary point cites reference candidacies martin van buren james weaver theodore roosevelt robert la follette ante obvious response method presidential campaigning changed since last campaigns candidacies likely arise today also noted men decided seek presidency far advance actual nomination finally none individuals elected years question split political parties may well responsible election going different party result storer brown supra said liberty try avoid seeks comfort idea filing deadline sore loser statute prevents candidate defeated primary running independent candidate ante effect deadline case much approach long candidate pulls party race votes party counted must recognized newly emergent independent candidate whose candidacy created dramatic change national events contrary submit candidate sore loser ducked putting popularity vote party ohio legislature decision different decision federal government requiring television networks provide early access presidential candidates recently cbs fcc held federal communications act presidential candidate right television access early december months election says nevertheless exposes serious weakness state claim wants put candidates voters early time evaluate candidates even correct interests advanced state justify filing deadline nonparty candidates believe correct ignores fact voters learn nonparty candidacy listening candidate say reality requires different conclusion party candidates even party candidate chosen public know great deal candidate knowledge party course correct focus party vary somewhat according candidate chosen proves time choosing party nominee general election sufficient allow voters evaluate party candidate prove voters need much time evaluating party candidate need individual run representative particular established views fact quite reasonable state require furtherance voter education interest nonparty candidate put public earlier time requires party candidate