terry adams argued january decided may petitioners qualified negro voters texas county sued determine legality excluded solely race color voting elections held association consisting qualified white voters county association held election election year select candidates county offices run nomination official democratic primary association elections governed state laws utilize state elective machinery funds candidates elected association certified association candidates democratic primary filed names candidates however years association candidates invariably nominated democratic primaries elected office district found association political organization party chief object always deny negroes voice part election county officials held combined election machinery association democratic party deprives petitioners right vote account race color contrary fifteenth amendment case remanded district enter orders decrees necessary proper jurisdiction retained exercising jurisdiction district left free hold hearings consider determine provisions essential afford negro citizens county full protection future discriminatory election practices deprive citizens voting rights color opinion justice black joined justice douglas justice burton see post opinion justice frankfurter see post concurring opinion justice clark joined chief justice justice reed justice jackson see post dissenting opinion justice minton see post district issued declaratory judgment holding invalid racial discriminations election texas county declined issue injunction retained jurisdiction grant appropriate relief supp appeals reversed granted certiorari judgment appeals reversed cause remanded district proceedings edwin smith james nabrit argued cause petitioners smith brief ira allen edgar townes clarence mcfarlane argued cause respondents brief townes justice black announced judgment opinion justice douglas justice burton join smith allwright held rules democratic party texas excluding negroes voting party primaries violated fifteenth amendment state law directed exclusion decision pointed many party activities subject considerable statutory control case raises questions concerning constitutional power texas county political organization called jaybird democratic association jaybird party exclude negroes primaries racial grounds jaybirds deny racial exclusions violate fifteenth amendment contend amendment applies elections primaries held state regulation association regulated state political party voluntary club district held jaybird racial discriminations invalid entered judgment accordingly supp appeals reversed holding constitutional congressional bar admitted discriminatory exclusion negroes jaybird primaries extent state controlled granted certiorari evidence jaybird association party organized membership always limited white people automatically members names appear official list county voters run like political parties executive committee named county voting precincts expenses party paid assessment candidates office primaries candidates county offices submit names jaybird committee accordance normal practice followed regular political parties country advertisements posters proclaim candidates running subject action jaybird primary legal compulsion successful jaybird candidates enter democratic primaries nearly always done exceptions since run without opposition democratic primaries general elections followed thus party dominant political group county since organization endorsed every official elected since apparent jaybird activities follow plan purposefully designed exclude negroes voting time escape fifteenth amendment command right citizens vote shall neither denied abridged account race admitted party purposes according following testimony jaybird president adams tell specifically specific purpose holding elections carrying organization like good government ask state whether opinion policy association carry good government must exclude negro citizens well started still way think one purposes organization specific purpose excluding negroes voting yes policy yes ask reason hold election may rather june july yes held july abide statutes law letting vote vote july held time vote sure hold may wo well vote vote anybody july election want answering question question hold may wo let vote yes purpose yes intention yes vote white population time negroes ca vote right right whole policy association yes purpose yes facts findings bring case squarely within reasoning holding appeals fourth circuit two recent decisions excluding negroes democratic primaries south carolina rice elmore baskin brown south carolina repealed every trace statutory constitutional control democratic primaries hope thereafter democratic party democratic clubs south carolina free continue discriminatory practices negroes voters contention democratic clubs mere private groups contention jaybird association mere private group appeals invalidating south carolina practices answered formalistic arguments holding election machinery sustained purpose effect deny negroes account race effective voice governmental affairs country state community relied principle announced smith allwright supra constitutional right free racial discrimination voting nullified state casting electoral process form permits private organization practice racial discrimination election south carolina cases accord commands fifteenth amendment laws passed pursuant amendment provides follows right citizens vote shall denied abridged state account race color previous condition servitude follows amendment invested citizens new constitutional right within protecting power congress right exemption discrimination exercise elective franchise account race color previous condition servitude reese congress shall power enforce article appropriate legislation citizens otherwise qualified law vote election people state territory district county city parish township school district municipality territorial subdivision shall entitled allowed vote elections without distinction race color previous condition servitude constitution law custom usage regulation state territory authority contrary notwithstanding significant precisely qualifications prescribed texas entitling electors vote primaries adopted sole qualifications entitling electors vote jaybird primaries single proviso negroes excluded everyone concedes proviso primaries unconstitutional jaybird party thus brings holds precisely kind election fifteenth amendment seeks prevent produces equivalent prohibited election damage done state permit duplication election processes permit flagrant abuse processes defeat purposes fifteenth amendment use primary ratify result prohibited election merely compounds offense violates fifteenth amendment state circumvention permit within borders use device produces equivalent prohibited election election counted texas county fifty years held jaybirds negroes excluded democratic primary general election become perfunctory ratifiers choice already made jaybird elections negroes excluded immaterial state control part elective process leaves jaybirds manage jaybird primary become integral part indeed effective part elective process determines shall rule govern county effect whole procedure jaybird primary plus democratic primary plus general election precisely fifteenth amendment forbids strip negroes every vestige influence selecting officials control local county matters intimately touch daily lives citizens reverse appeals judgment reversing district affirm district holding combined election machinery deprived petitioners right vote account race color case remanded district enter orders decrees necessary proper jurisdiction retained exercising jurisdiction left free hold hearings consider determine provisions essential afford negro citizens fort bend county full protection future discriminatory election practices deprive citizens voting rights color reversed remanded footnotes reese et supra hold fifteenth amendment invested citizens new constitutional right exemption discrimination exercise elective franchise account race color previous condition servitude appears right suffrage necessary attribute national citizenship exemption discrimination exercise right account race right vote comes right exemption prohibited discrimination comes first granted secured constitution last cruikshank effect see ex parte yarbrough logan amendment held see guinn may mystify thing take plain view words constitution give fair obvious interpretation fail cases coming clear understanding meaning shall far seek shall find surface profound depths speculation ex parte siebold justice frankfurter petitioner negroes claim negroes similarly situated fort bend county texas denied voice primary elections county offices activities respondent association jaybird democratic association jaybird association organized time present selected first mass meetings time ballot members persons organization indorses election democratic primary county office association never permitted negroes participate selection candidates indorsed balloting open white citizens county qualified state law vote district granted declaratory judgment negroes county allowed participate balloting association appeals reversed saying although white voters county vainly holding outworn outmoded practices action association action color state law therefore violation federal law evidence summarized formal stipulation shows rules association made members executive committee membership defined rules association consists entire white voting population shown poll lists prepared county time balloting called jaybird primaries set executive committee association day early may election year expenses primaries officiating personnel balloting places determination winner aspects primaries exclusively controlled association balloting rules general follow prescribed state laws regulating primaries see vernon tex rev civ stat tit revised vernon tex civ formal state action either way legislative recognition official authorization wholly wanting successful candidates jaybird primaries formal compliance state rules regard file individually candidates democratic primary held fourth saturday july mention made filing listing candidates democratic primary ballot jaybird indorsees fact conveyed public word mouth newspapers private means restriction filing anyone else candidate democratic primary voting negroes official primary sixty years association existence candidate ultimately successful democratic primary every office man indorsed jaybird association indeed candidates almost never file democratic primary continuous success period time result action practically entire qualified electorate county barring negroes case means free difficulty whenever law draws line permissive forbidden conduct cases bound arise obviously one side dubious situations disclose limited utility figure speech line law drawing line necessarily exercising judgment however confined conscientious judgment may within bounds constitutional statutory provisions course decisions presuppositions judicial process line main fruitful tool dividing sheep goats must forgotten since line figurative place case relation ascertained externally matter mind close analysis fifteenth amendment prohibits must made determined relevant line situation presented case fifteenth amendment fourteenth outlawed discrimination basis race color respect right vote concretely course directed attempts bar negroes political franchise white folk right citizens vote shall denied abridged state account race color previous condition servitude amend xv command denial abridgment directed individual therefore violation amendment enactments passed enforcement must involve state case conduct assailed pertains election local texas officials find denial abridgment guaranteed voting right colored citizens texas solely colored one must find state hand state situations must mean private citizens clothed authority influence official position affords application prohibition fifteenth amendment state translated legal jargon read state action phrase gives rise false direction implies impressive machinery deliberative conduct normally associated orators call sovereign state vital requirement state responsibility somewhere somehow extent infusion conduct officials panoplied state power scheme colored citizens denied voting rights merely colored action entire white voting community jaybird primary practical matter instrument small county politically active officials local democratic party may assume elected officials county matter practical politics charged state law duty assuring eligible voters opportunity participate selection candidates primary county election officials normally leaders communities participate voting jaybird primary join white voting community proceeding elaborate formality almost respects parallel procedures dictated texas law primary express preferences wholly successful effort withdraw significance primary subvert operation formally law state primaries county legal significance jaybird primary must tested cases endeavor screen effectively exertion state authority preventing negroes exercising constitutional right franchise pierced various manifestations astuteness last series smith allwright held state regulation primaries conducted political party made party required follow legislative directions agency state far determines participants primary election alternative routes suggested concluding jaybird primary slight change form result differ substance smith allwright district found jaybird association political party within meaning texas legislation regulating administration primaries political parties said association avoid result holding primary different date utilizing different methods prescribed statutes whether association political party regulated texas thus subject duty nondiscrimination claims clearly party within meaning legislation failing attempt comply number state requirements particularly date primary question state law answered first instance federal know texas say operation jaybird primary may found texas satisfy texas law although come within formal definition may found customs habits people may generate law surely formal legislative declaration indeed sometimes even face see nashville chattanooga louis browning even jaybird association political party federal say political party texas hold primary open day fixed texas statute inadmissible intervention federal judiciary political process state remedy derived finding jaybird association political party one must devised texas courts reason say jaybird primary primary within meaning texas law regulated texas law smith allwright apply assuming think must jaybird association political party holding primary nonetheless decide case respondents ground precise situation us state authority come play state texas entered comprehensive scheme regulation political primaries including procedures election officials shall chosen county election officials thus clothed authority state secure observance state interest fair methods fair expression preferences selection nominees cf waples marrast tex jaybird association although political party device defeat law texas regulating primaries electoral officials clothed state power county share subversion divest state authority help participants scheme unlawful administration state statute fair face may shown extrinsic evidence showing discriminatory design favor one individual class another inferred action snowden hughes county election officials aid subversion state official scheme trustees helping participants scheme case occasional efforts mass voting strength case whether crudely subtly exercised case spontaneous efforts citizens influence votes even continued efforts fraction electorate support good government case county election officials participated condoned continued effort effectively exclude negroes voting though action association may proscribed fifteenth amendment role entire scheme subvert operation official primary brings within reach law hey bound together parts single plan plan may make parts unlawful justice holmes speaking swift company state devised process primary elections right citizens share excluded unconstitutional bars emphasized fact texas nomination democratic primary tantamount election exclusion negroes meaningful participation primary scheme set state accidental unsought consequence exercise civic rights voters make common viewpoint count design purpose arrangement jaybird primary may exclude negro participation july action part election officials charged texas law fair administration primaries brings within reach law officials made party means whereby machinery entrusted discharge functions designed follow however relief granted proper since vice situation jaybird primary primary discriminatorily conducted state law determination made becomes fact determination democratic primary virtue participation acquiescence state authorities federal require petitioner allowed vote jaybird primary evil state action abdication clothed authority permitted white voters go procedure predetermines legally devised primary say negroes allowed vote jaybird primary say state duty see negroes may vote primary tell state must participate regulate primary tell state machinery use equity free lawful political agency combination subverts capacity function must done county rid means unlawful usage case asserts justice clark chief justice justice reed justice jackson join concurring issue whether jaybird democratic association fort bend county texas excluding negroes primaries denied negro citizens county right vote secured fifteenth amendment march petitioners behalf similarly situated negro citizens fort bend county instituted class action respondents individually officers jaybird democratic association complaint substance charged negro petitioners duly qualified voters state texas many years solely race color denied right vote primaries association political party contending practices transgressed constitution laws petitioners sought declaratory injunctive relief respondents insisted jaybird democratic association political party regulated texas statutes merely private voluntary group district held jaybird democratic association political party ruled discriminatory exclusion negroes primary invalid judgment accordingly entered declared petitioners legally entitled vote jaybird primary district refused injunction retained jurisdiction grant appropriate relief appeals reversed view discriminatory exclusions reached terms constitution congressional enactments old pattern new guise revealed record jaybird democratic association fort bend county founded promote good government period entire life span association restricted membership whites earlier years members mass meetings determined choice candidates support forthcoming official elections subsequently association developed system closely paralleling structure democratic party association governed executive committee persons one voting precinct county committee election year sets date jaybird primary selecting ballot candidates endorsed association public office county machinery jaybird democratic association primary differs democratic party primary mainly association prohibition two consecutive terms officeholders absence pledge ballot jaybird primary association practice officially filing ticket names candidates successful balloting half century association adhered guiding principle deny negro voters fort bend county effective voice government appeals reversing district largely relied deemed settled course decision culminating collins hardyman individual state action fourteenth fifteenth amendments directed collins dealt racial discrimination ballot box merely lawless political brawl precipitated handful white citizens white citizens event collins adjudicated congress narrow class conspiracies defined civil rights statutes included conspiracy charged particular complaint expressly refraining constitutional questions case held controlling view appeals misconceived thrust recent decisions fifteenth amendment secures franchise exercised citizens abridgment state basis race color smith allwright held democratic party perforce political party prohibited amendment conducting racially discriminatory primary election rule case part machinery choosing officials becomes subject constitution restraints dealt organization took form voluntary association unofficial character fact functioned part state electoral machinery held controlled constitutional limitations ruled official general election agree chief district judge kennerly jaybird democratic association political party whose activities fall within fifteenth amendment ban see guinn myers anderson every private club association league organized influence public candidacies political action must conform constitution restrictions political parties certainly large area freedom permits peaceable assembly concerted private action political purposes exercised separately white colored citizens alike however involved record discloses jaybird democratic association operates part parcel democratic party organization existing auspices texas law maintains basic qualification membership eligibility vote texas law although state democratic party texas since smith allwright supra longer restrict membership whites jaybird democratic association bars negroes ranks may election year conducts white primary candidate campaigns candidacy subject action primary democratic primary july linking two primaries together gaining jaybird democratic association endorsement announced winners full publicity file july democratic primary record reveals eligible voters listed fort bend county presidential year though participated july primary democratic banner members voted may balloting jaybird democratic association presidential balloting eligible voters numbered association may primary polled votes democratic july primary counted lists presidential year show eligible electors county jaybird primary mustered total vote compared primary voting july significantly since winners jaybird democratic association balloting single exception shown record ran unopposed invariably democratic july primary subsequent general elections office quite evidently jaybird democratic association operates auxiliary local democratic party organization selecting nominees using machinery carrying admitted design destroying weight effect negro ballots fort bend county sure democratic primary general election nominally open colored elector must empty vote cast real decisions made nominee meets opposition democratic primary negro minority vote nullified sole stage local political process bargaining interplay rival political forces make count jaybird democratic association device result strikes core electoral process fort bend county whether viewed separate political organization adjunct local democratic party jaybird democratic association decisive power county recognized electoral process years balloting emerged locus effective political choice consonant broad lofty aims framers fifteenth amendment fourteenth refers exertions state power forms shelley kraemer accordingly state structures electoral apparatus form devolves upon political organization uncontested choice public officials organization whatever disguise takes attributes government draw constitution safeguards play smith allwright supra cf classic lane wilson sum believe activities jaybird democratic association fall within broad principle laid smith allwright supra reason join judgment see fed rules civ proc petitioners mainly rested claims fourteenth fifteenth amendments article xiv section persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws article xv section right citizens vote shall denied abridged state account race color previous condition servitude section congress shall power enforce article appropriate legislation citizens otherwise qualified law vote election people state territory district county city parish township school district municipality territorial subdivision shall entitled allowed vote elections without distinction race color previous condition servitude constitution law custom usage regulation state territory authority contrary notwithstanding supp petitioners abandoned claim money damages apparently grounded supp tex district judge supported conclusions reference art vernon texas civil statutes art parties without state organization political party without state organization desiring nominate candidates county precinct offices may nominate candidates therefor provisions title primary elections county convention held legal primary election day convention shall composed delegates various election precincts said county elected therein primary conventions held precincts hours eight ten preceding saturday nominations made parties shall certified county clerk chairman county committee party taking course nominations parties certified shall printed official ballot separate column headed name party provided written application printing shall made county judge signed sworn three per cent entire vote cast county last general election provision substantially recodified art vernon texas election code necessary proper relief based declaratory judgment decree may granted reasonable notice hearing adverse party whose rights determined judgment supp district judge refused injunctive relief affairs jaybird democratic association controlled executive committee persons four named defendants power permit petitioners vote jaybird balloting cir cf nixon herndon nixon condon smith allwright see since case deem activities jaybird democratic association unlawful independent reach fifteenth amendment applicability need considered see reese cruikshank cf james bowman ex parte yarbrough myers anderson see smith allwright nixon condon see note supra see also neal delaware ex parte yarbrough record case comprises concise stipulation facts also additional pages directly relevant testimony obviously whole record underlay determinations courts must considered appellate review decisions charles schultz emerged victorious jaybird balloting indorsed candidate county judge july democratic primary schultz triumphed vote mike dornak schultz held office two terms year accord jaybird association rule prohibiting two consecutive terms office baker received jaybird indorsement county judgeship schultz however insisted running democratic primary lost baker vote see record reveals however candidates precinct office quite consistently successful justice minton dissenting concerned least happens jaybirds unworthy scheme concerned says state action within meaning fifteenth amendment constitution power redress wrong amendment wrong done state holding since earliest cases chief justice unanimous recent case shelley kraemer stated law follows since decision civil rights cases principle become firmly embedded constitutional law action inhibited first section fourteenth amendment action may fairly said amendment erects shield merely private conduct however discriminatory wrongful emphasis supplied justice frankfurter recognizes must state action seems think enough constitute state action state official participates jaybird primary follow seems clear everything done person official done officially representative state however find nothing record shows state county officials participating jaybird primary justice clark seems recognize state action must shown finds state action assumption facts record searched vain one iota state action sufficient support anemic inference jaybird association way associated forms part cooperates manner democratic party county state state calls jaybird democratic association interest candidates democratic party county position understandable texas gratuitous assumption part justice clark quite evidently jaybird democratic association operates auxiliary local democratic party organization selecting nominees using machinery carrying admitted design destroying weight effect negro ballots fort bend county following stipulation record shows unsubstantiality statement quoted justice clark opinion quote stipulation compulsion upon person receives indorsement jaybird democratic association fort bend county texas particular office run office office event indorsee association desire run office may run office must file application executive chairman committee democratic party position democratic party ballot july primary democratic party must pay fee provided law neither jaybird democratic association executive committee files application democratic party executive committee chairman jaybird democratic association nominee placed ballot democratic party july primary election nothing ballot democratic party primary indicate person appearing thereon indorsement jaybird democratic association name applicant place democratic party ballot placed said ballot unless complies laws state texas even though applicant indorsed jaybird democratic association every qualified applicant makes required application democratic executive committee pays requisite fee placed democratic party primary ballot july democratic primary though indorsed jaybird democratic association member negro race person qualified laws state texas become candidate refused place democratic party primary ballot fort bend county texas democratic party political organization fort bend county texas official name designation jaybird party times since however still organization fort bend county texas name jaybird democratic association fort bend county texas said association however since state organization follow attempt comply provisions article revised statutes texas statutes state texas reference primary elections general elections hold convention primary election legal primary election day fourth saturday july fourth saturday august year hold primary convention precinct saturday preceding legal primary election day chairman county committee otherwise certify county clerk fort bend county texas county judge thereof official committee representative democratic republican party nominations indorsements made association cause printed separate column headed association name nominations official ballot used use primary general election held legal primary election day general election day name jaybird democratic association fort bend county texas part indication thereof appear ballot election primaries special voting occasions held association alone make cause made written application county judge printing signed sworn entire vote cast fort bend county last preceding general election officer committee association certifies result association membership vote nominations association county clerk fort bend county texas democratic party executive committee committee official party organization last years members negro race offered vote democratic party primaries member negro race qualified laws state texas vote refused right vote members negro race offered vote general election fort bend county texas member negro race qualified vote refused vote jaybird democratic association fort bend county texas state organization limits may june association primaries county precinct offices except membership association vote preference office district clerk fort bend county persons seeking indorsement jaybird democratic association fort bend county texas may june primaries required association file expense account file expense accounts state local official committee board however action forbidden law state texas failure state act prevent individuals right individuals amount state action venture opinion justice clark opinion agrees district judge kennerly jaybird democratic association political party whose activities fall within fifteenth amendment ban paragraph admits meetings political action come constitutional ban surely white colored members political faith economic belief may hold caucuses state action legislative bodies action officials official capacity cooperates political party gives direction activities federal constitution may come play political organization using state machinery depending upon state law authorize within ban fifteenth amendment stipulation quoted shows jaybird association attempt conform way comply statutes texas covering primaries action legislative body state official agency ever manner denied vote negroes even jaybird primaries seems clear state action jaybird democratic association sense part democratic party political organization made attempt use state state use carry poll rice elmore cited authority position petitioners case south carolina repealed laws relating conduct primaries primary conducted democratic party south carolina accordance rules adopted party stipulated trial case democratic party conducts nominating primaries thereafter prints ballots use general elections names nominees thereon ballots distributed party officials placed general election precincts south carolina use electors choose use ballot voting general election south carolina district specifically found finding general election ballot south carolina printed ballots available general elections south carolina ballots prepared political parties giving names respective candidates finding stated past years democratic party south carolina political party south carolina held primaries nomination candidates federal state offices thus seen democratic party furnished candidate general election also furnished ballot one vote election state general election accepted ballot democratic party official ballot ballot negro permitted vote clearly state adopted democratic party procedure action state democratic party effectively cooperated carry election procedure action taken jaybird association neither files certifies supplies anything primary election winner poll jaybird association contest files democratic primary may sometimes received opposition successful opposition precinct contests county commissioner justice peace constable rule jaybird association requires successful party poll file democratic primary elsewhere individual voluntary action neither state democratic party avails action cooperates manner jaybird association smith allwright manner controlling case state set machinery democratic party conduct primary state texas made democratic party agent conducting democratic primary course democratic party run primary set auspices state manner exclude citizens texas therefrom race basis opinion smith allwright supra apparent following quotation taken case primary elections conducted party state statutory authority county executive committee selects precinct election officials county district state executive committees respectively canvass returns party committees state convention certify party candidates appropriate officers inclusion official ballot general election name certified may appear upon ballot general election candidate political party think statutory system selection party nominees inclusion general election ballot makes party required follow legislative directions agency state far determines participants primary election party takes character state agency duties imposed upon state statutes duties become matters private law performed political party emphasis supplied understand concerted action individuals successful somehow becomes state action however candidates endorsed jaybird association several times defeated primaries elections usually always since candidate democratic official ballot county instant case state texas provided elections primaries separate apart wholly unrelated jaybird association activities activities confined one county group citizens appointed censors run public offices apparently far succeeded convincing voters county instances supported candidates win seems differ little situations common many places far north line areas candidate must obtain approval religious group localities candidates carefully selected parties give proper weight jew protestant catholic certain posts considered sole possession certain ethnic groups propriety practices something courts sensibly left good bad judgment electorate must recognized elections public business influenced sorts pressures carefully organized groups pressure labor unions national association manufacturers silver shirts national association advancement colored people ku klux klan others far activities groups properly labeled state action either fourteenth fifteenth amendment considered attempts influence obtain state action courts normally pass upon pressure groups whether causes good bad highly successful difficult see jaybird association anything pressure group apparently believed enough people fort bend county obtain majority votes approved candidates differs little situation many parts bible belt church stamp approval league must put candidate want lose election state texas elections primaries takes cognizance jaybird association state treats decisions apparently disdain approval condemnation judicial candidates bar association poll members case majority found pressure group work constitute state action basis conclusion rather difficult ascertain apparently derives mainly dislike goals jaybird association share dislike fail see makes state action affirm fifteenth amendment involved also directed state action