eu san francisco democratic argued december decided february section california elections code code forbids official governing bodies political parties endorse oppose candidates primary elections makes misdemeanor candidate primary claim official party endorsement code sections dictate organization composition parties governing bodies limit term office party state central committee chair require chair rotate residents northern southern california various party governing bodies members bodies politically active groups individuals brought suit district claiming inter alia code provisions deprived parties members rights free speech free association guaranteed first fourteenth amendments district granted summary judgment plaintiffs provisions question appeals affirmed held challenged california election laws invalid since burden first amendment rights political parties members without serving compelling state interest pp ban primary endorsements violates first fourteenth amendments preventing party governing body stating whether candidate adheres party tenets whether party officials believe candidate qualified position sought ban directly hampers party ability spread message hamstrings voters seeking inform candidates issues thereby burdens core right free political speech party members ban also infringes party protected freedom association rights identify people constitute association select best represents party ideology preferences preventing party promoting candidates crucial primary election juncture moreover ban serve compelling governmental interest state adequately explained ban advances claimed interest stable political system makes california peculiar virtually state determine ban necessary explanation state compelling interest stable government embraces similar interest party stability untenable since state may enact laws prevent disruption political parties without within claim party issues primary endorsements risks intraparty friction may endanger general election prospects insufficient since goal protecting party justify state substituting judgment party state claim ban necessary protect primary voters confusion undue influence must viewed skepticism since ban restricts flow information citizenry without evidence existence fraud corruption justify restriction pp restrictions organization composition official governing bodies political parties limits term office state central committee chairs requirement chairs rotate residents northern southern california upheld laws directly burden associational rights party members limiting party discretion organize conduct affairs select leaders moreover laws serve compelling state interest state justify regulating party internal affairs without showing regulation necessary ensure elections orderly fair honest california made showing state claim compelling interest democratic management internal party affairs without merit since case intervention necessary prevent derogation party adherents civil rights since state interest protecting party integrity party restrictions justified state claim limiting term state central committee chair requiring chair rotate northern southern california help prevent regional friction reaching critical mass since state substitute judgment party desirability particular party structure pp marshall delivered opinion members joined except rehnquist took part consideration decision case stevens filed concurring opinion post geoffrey graybill deputy attorney general california argued cause appellants briefs john van de kamp attorney general richard martland chief assistant attorney general eugene hill assistant attorney general james brosnahan argued cause appellees brief cedric chao stuart blatt filed brief libertarian national committee amicus curiae justice marshall delivered opinion california elections code prohibits official governing bodies political parties endorsing candidates party primaries also dictates organization composition bodies limits term office party chair requires chair rotate residents northern southern california appeals ninth circuit held provisions violate free speech associational rights political parties members guaranteed first fourteenth amendments noted probable jurisdiction affirm state california heavily regulates political parties although laws vary extent detail party party certain requirements apply parties california elections code code provides official governing bodies party state convention state central committee county central committees cal elec code ann west bodies responsible conducting party campaigns time code provides official governing bodies shall endorse support oppose candidate nomination party partisan office direct primary election ibid misdemeanor primary candidate person behalf claim officially endorsed candidate party although official governing bodies political parties barred issuing endorsements groups political clubs affiliated party labor organizations political action committees politically active associations newspapers frequently endorse primary candidates official party organizations silenced ban possible candidate views antithetical party nevertheless win primary addition restricting primary activities official governing bodies political parties california also regulates internal affairs separate statutory provisions dictate size composition state central committees set forth rules governing selection removal committee members fix maximum term office chair state central committee require chair rotate residents northern southern california specify time place committee meetings limit dues parties may impose members violations provisions criminal offenses punishable fine imprisonment various county central committees democratic republican parties state central committee libertarian party members various state county central committees groups individuals active partisan politics california brought action federal state officials responsible enforcing code state california contended ban primary endorsements restrictions internal party governance deprive political parties members rights free speech free association guaranteed first fourteenth amendments constitution first count complaint challenged ban endorsements partisan primary elections second count challenged ban endorsements nonpartisan school county municipal elections third count challenged provisions prescribe composition state central committees term office eligibility criteria state central committee chairs time place state county central committee meetings dues county committee members must pay plaintiffs moved summary judgment support filed declarations chairs plaintiff central committee prominent political scientists elected officials california state moved dismiss filed summary judgment supported one declaration former state senator district granted summary judgment plaintiffs first count ruling ban primary endorsements violated first amendment applied fourteenth amendment stayed proceedings second count abstention doctrine railroad texas pullman third count ruled laws prescribing composition state central committees limiting committee chairs terms office designating chair rotate residents northern southern california violate first amendment denied summary judgment respect statutory provisions establishing time place committee meetings amount dues civ mhp nd may appeals ninth circuit affirmed vacated decision remanded consideration light tashjian republican party connecticut supplemental briefing appeals affirmed first rejected state arguments based nonjusticiability lack standing eleventh amendment immunity pullman abstention turning merits characterized prohibition primary endorsements outright ban political speech prohibiting governing body political party supporting candidates opposing others patently infringes right party express freely right party members unrestricted flow political information rejected state argument ban served compelling state interest preventing internal party dissension factionalism government simply legitimate interest protecting political parties disruptions making noted moreover state shown banning primary endorsements protects parties factionalism ibid concluded ban necessary protect voters confusion stating california ban preprimary endorsements form paternalism inconsistent first amendment appeals also found california regulation internal party affairs burdens parties right govern think best interference parties members first amendment rights justified compelling state interest state legitimate interest orderly elections orderly parties event noted state failed submit shred evidence quoting civ nd may regulations party internal affairs helped minimize party factionalism accordingly held challenged provisions unconstitutional first fourteenth amendments ii state broad power regulate time place manner elections extinguish state responsibility observe limits established first amendment rights state citizens tashjian republican party connecticut assess constitutionality state election law first examine whether burdens rights protected first fourteenth amendments anderson celebrezze challenged law burdens rights political parties members survive constitutional scrutiny state shows advances compelling state interest tashjian supra illinois bd elections socialist workers party american party texas white williams rhodes narrowly tailored serve interest illinois bd elections supra kusper pontikes dunn blumstein first consider california prohibition primary endorsements official governing bodies political parties california concedes ban implicates first amendment tr oral arg contends burden miniscule disagree ban directly affects speech core electoral process first amendment freedoms williams rhodes supra recognized repeatedly debate qualifications candidates integral operation system government established constitution buckley valeo per curiam see also naacp claiborne hardware carey brown garrison louisiana indeed first amendment fullest urgent application speech uttered campaign political office monitor patriot roy see also mills alabama free discussion candidates public office less critical primary general election cf storer brown smith allwright classic instances election campaign means disseminating ideas well attaining political office illinois bd elections supra california ban primary endorsements however prevents party governing bodies stating whether candidate adheres tenets party whether party officials believe candidate qualified position sought prohibition directly hampers ability party spread message hamstrings voters seeking inform candidates campaign issues see tashjian supra pacific gas electric public utilities california brown hartlage first national bank boston bellotti highly paternalistic approach limiting people may hear generally suspect virginia state bd pharmacy virginia citizens consumer council see also first national bank boston supra particularly egregious state censors political speech political party shares members see roberts jaycees concurring barring political parties endorsing opposing candidates burdens freedom speech also infringes upon freedom association well settled partisan political organizations enjoy freedom association protected first fourteenth amendments tashjian supra see also elrod burns plurality opinion freedom association means individual voter right associate political party choice tashjian supra quoting kusper supra also political party right identify people constitute association tashjian supra quoting democratic party wisconsin ex rel la follette cf naacp alabama ex rel patterson select standard bearer best represents party ideologies preferences ripon society national republican party app tamm concurring result cert denied depriving political party power endorse suffocates right endorsement ban prevents parties promoting candidates crucial juncture appeal common principles may translated concerted action hence political power community tashjian supra even though individual members state central committees county central committees free issue endorsements imposing limitations individuals wishing band together advance views ballot measure placing none individuals acting alone clearly restraint right association citizens rent fair housing berkeley ban burdens appellees rights free speech free association survive constitutional scrutiny serves compelling governmental interest state offers two stable government protecting voters confusion undue influence maintaining stable political system unquestionably compelling state interest see storer brown california however never adequately explains banning parties endorsing opposing primary candidates advances interest showing example california political system stable legislature enacted ban state explain makes california system peculiar virtually state determined ban necessary explanation state offers compelling interest stable government embraces similar interest party stability brief appellants state relies heavily storer brown supra stated splintered parties unrestrained factionalism may significant damage fabric government may regulate elections ensure sort order rather chaos accompan ies democratic processes decision storer however stand proposition state may enact election laws mitigate intraparty factionalism primary campaign contrary storer recognized contending forces within party employ primary campaign primary election finally settle differences primary hostile intraparty feuds rather ideal forum resolve ibid american party texas white tashjian recognizes precisely distinction case noted state may enact laws prevent disruption political parties without case laws prevent parties taking internal steps affecting process selection candidates answer argue state party issues primary endorsements risks intraparty friction may endanger party general election prospects presumably party motivated engage acts speech run counter political success however even ban endorsements saves political party pursuing acts justify state substituting judgment party see ibid democratic party preserving party unity primary compelling state interest must look elsewhere justify challenged law state second justification ban party endorsements statements opposition necessary protect primary voters confusion undue influence certainly state legitimate interest fostering informed electorate tashjian supra anderson celebrezze american party texas white supra bullock carter jenness fortson however state claim enhancing ability citizenry make wise decisions restricting flow information must viewed skepticism tashjian supra quoting anderson celebrezze supra state may regulate flow information political associations members necessary prevent fraud corruption see buckley valeo jenness fortson supra evidence california ban party primary endorsements serves purpose ban primary endorsements political parties burdens political speech serving compelling governmental interest hold violate first fourteenth amendments turn next california restrictions organization composition official governing bodies limits term office state central committee chair requirement chair rotate residents northern southern california laws directly implicate associational rights political parties members noted tashjian political party determination structure best allows pursue political goals protected constitution freedom association also encompasses political party decisions identity process electing leaders see democratic party supra state dictate process selecting state delegates democratic national convention cousins wigoda state dictate may sit state delegates democratic national convention cf tashjian supra scalia dissenting ability members political arty select candidate unquestionably implicates associational freedom laws issue burden rights requiring parties establish official governing bodies county level california prevents political parties governing structure think best specifying shall members parties official governing bodies california interferes parties choice leaders party might decide example effective greater number official leaders local activists rather elected officials code prevents change party might also decide state central committee chair needs two years successfully formulate implement policy code prevents extension chair term office party might find resident northern california particularly effective promoting party message unifying party code prevents chairing state central committee unless preceding chair southern part state restriction thus limits political party discretion organize conduct affairs select leaders indeed associational rights stake much stronger credited tashjian found party right free association embraces right allow registered voters party members vote party primary party members seek associate nonparty members one another freely choosing party leaders challenged laws burden associational rights political parties members question whether serve compelling state interest state indisputably compelling interest preserving integrity election process rosario rockefeller toward end state may enact laws interfere party internal affairs necessary ensure elections fair honest storer brown example state may impose certain eligibility requirements voters general election even though limit parties ability garner support members see dunn blumstein residence requirement oregon mitchell age minimum kramer union free school dist citizenship requirement also recognized state may impose restrictions promote integrity primary elections see american party texas white requirement major political parties nominate candidates primary minor parties nominate candidates conventions limitation voters participation one primary bar voters voting party primary signing petition supporting independent candidate rosario rockefeller supra waiting periods voters may change party registration participate another party primary bullock carter reasonable filing fees condition placement ballot none restrictions however involved direct regulation party leaders rather infringement associational rights parties members indirect consequence laws necessary successful completion party external responsibilities ensuring order fairness elections instant case state shown regulation internal party governance necessary integrity electoral process instead contends challenged laws serve compelling interest democratic management political party internal affairs brief appellants quoting however case intervention necessary prevent derogation civil rights party adherents cf smith allwright moreover observed state interest protect ing integrity party party tashjian state claims limiting term state central committee chair requiring chair rotate residents northern southern california helps prevent regional friction reaching critical mass brief appellants however state substitute judgment party desirability particular internal party structure tell party proposed communication party members unwise tashjian supra sum state justify regulating party internal affairs without showing regulation necessary ensure election orderly fair california made showing challenged laws upheld iii reasons stated hold challenged california election laws burden first amendment rights political parties members without serving compelling state interest accordingly judgment appeals affirmed footnotes interest simplicity use terms party political party interchangeably code requires state central committee party conduct campaigns party employ campaign directors develop whatever campaign organizations serve best interests party cal elec code ann west supp democratic party republican party american independent party peace freedom party county central committees turn charge party campaign general direction state central committee democratic party republican party american independent party peace freedom party addition perform duties services th political party seem benefit party democratic party republican party american independent party peace freedom party example voters learn democratic state county central committees think candidates may flooded endorsements disparate groups across state berkeley democratic club muleskinners democratic club district democratic club addendum motion affirm dismiss addendum declaration mary king chair alameda county democratic central committee addendum declaration linda post chair san francisco county democratic central committee example tom metzger democratic party nomination house representative san diego area although grand dragon ku klux klan held views antithetical democratic party addendum declaration edmond costantini member executive board democratic state central committee example code dictates precise mix elected officials party nominees party activists members state central committees republican democratic parties well may nominate various committee members cal elec code ann west supp democratic party republican party parties similarly regulated see american independent party peace freedom party democratic party republican party west american independent party west supp peace freedom party code limits term office chair state central committee two years prohibits successive terms see west supp democratic party west republican party american independent party west supp peace freedom party west supp democratic state central committee west republican state central committee west supp peace freedom state central committee west supp democratic state central committee west supp democratic county central committee west supp republican state central committee west supp republican county central committee american independent county central committee west peace freedom state central committee peace freedom county central committee west supp democratic party republican party west american independent party peace freedom party plaintiffs sued march fong eu secretary state california john van de kamp attorney general california arlo smith district attorney san francisco county leo himmelsbach district attorney santa clara county plaintiffs also asserted statutes violated equal protection clause fourteenth amendment district held statutes violate first amendment reach claim appeal pending california presenting first amendment challenge ban endorsements political parties candidates nonpartisan school county municipal elections california ultimately decided code prohibit endorsements reach first amendment question unger superior cal ban party endorsements nonpartisan elections subsequently enacted ballot initiative federal district ruled ban violates first fourteenth amendments geary renne supp nd cal stayed district invalidated following code sections cal elec code west supp democratic state central committee republican state central committee west republican state central committee chair west supp peace freedom state central committee chair addition held west unconstitutional applied california contends need show endorsement ban serves compelling state interest political parties consented support claim california observes legislators repeal ban belong political parties bylaws parties prohibit primary endorsements parties continue participate primaries argument fatally flawed several respects never held political party consent cure statute otherwise violates first amendment even aside fundamental defect california consent argument contradicted simple fact official governing bodies various political parties joined lawsuit addition democratic libertarian parties moved issue endorsements following appeals invalidation endorsement ban flaws state argument simply legislator belongs political party make times representative party interests supporting endorsement ban individual legislator may acting understanding public good interest reelection independence legislators parties illustrated california legislature frequent refusal amend election laws accordance wishes political parties see addendum declaration bert coffey chair democratic state central committee moreover state argument ignores parties negligible representation legislature bylaws parties prohibit party primary endorsements also prove consent parties may chosen reflect state election law bylaws rather permit require conduct prohibited law fact parties continue participate primary process indicate favor regulation imposed upon process decision participate primaries likely reflects party determination ballot participation advantageous alternatives supporting independent candidates conducting campaigns see storer brown anderson celebrezze finally state focus parties alleged consent ignores independent first amendment rights parties members wholly undemonstrated members authorized parties consent infringements members rights state also claims ban primary endorsements serves compelling state interest confining voter single nominating act tashjian republican party connecticut quoting anderson supra argument meritless fails distinguish nominating act vote cast primary election speech may influence act logic state argument support ban endorsements every organization individual also justify total ban discussion candidate qualifications political positions blanket prohibition coexist constitutional protection political speech state claim endorsement ban necessary serve compelling state interest called question argument district appeals action justiciable state never enforced challenged election laws new jersey also bans primary endorsements political parties stat ann west see weisburd constitution constitutional restraints protections party nominating methods cal rev florida statutory ban primary endorsements political parties held violate first amendment see abrams reno supp sd aff cert denied several provide formal procedures party primary endorsements see stat supp laws see also advisory commission intergovernmental relations transformation american politics implications federalism doubtful silencing official party committees alone among various groups interested outcome primary election key protecting voters confusion indeed growing number endorsements political organizations using labels democratic republican likely misled voters believing official governing bodies supporting candidates state makes showing moreover voters unduly influenced party endorsements evidence endorsement issued official party organization carries weight one issued newspaper labor union parties permitted issue primary endorsements voters may consider parties views candidates still exercise independent judgment casting vote example new york democratic gubernatorial contest mario cuomo primary edward koch endorsed party year gubernatorial candidates endorsed parties also lost primary election nonendorsed candidates massachusetts minnesota even candidate wins primary one study concluded party endorsement little effect way voters cast vote app declaration malcolm jewell professor political science university kentucky state suggested oral argument endorsement ban prevents fraud barring party officials misrepresenting speak party extent state suggests primary election results constitute party endorsement tr oral arg confuses endorsement official governing bodies may influence election results results extent state claiming appellees authorized represent official party governing bodies members state simply reasserting standing claim district rejected civ nd june plaintiff central committees authorization capacity bring maintain litigation appeals disturb ruling example libertarian party forced abandon organization favor statutorily mandated system regulating identity parties leaders challenged statutes may also color parties message interfere parties decisions best means promote message marchioro chaney contrary upheld washington statute mandating political parties create state central committee democratic party state assigned significant responsibilities administering party raising distributing funds candidates conducting campaigns setting party policy statute required state central committee perform certain limited functions filling vacancies party ticket nominating presidential electors delegates national conventions calling conventions party members claim statutory requirements imposed impermissible burdens party occasion consider whether challenged law burdened party first amendment rights whether law served compelling state interest contrast state law political party charter places state central committees party helm particular assigns statutorily mandated committee responsibility conducting party campaigns find curbing intraparty friction compelling state interest long electoral process remains fair orderly need address appellees contention challenged laws weaken rather strengthen parties justice stevens concurring today relies opinion illinois bd elections socialist workers party particular portion opinion join formulation governing standards election cases case justice blackmun explained acceptance approach words precisely express views case wrote although join opinion add comments record purposefully perhaps somewhat belatedly unrelieved discomfort seems continuing tendency use tests easy phrases compelling state interest least drastic restrictive means see ante never able fully appreciate compelling state interest means convincingly controlling incapable overcome upon balancing process course test merely announces inevitable result test test least drastic means slippery slope also signal result chosen reach judge unimaginative indeed come something little less drastic little less restrictive almost situation thereby enable vote strike legislation reminiscent indulgence decades ago substantive due process economic area means nullification feel therefore always felt phrases really helpful constitutional analysis convenient result oriented must endeavor disassociate apart use however result reaches correct one reservations join opinion