illinois elections bd socialist workers party argued november decided february illinois election code new political parties independent candidates must obtain signatures qualified voters order appear ballot statewide elections however minimum number signatures required elections offices political subdivisions state number persons voted previous election offices application provisions special mayoral election chicago produced result new party independent candidate needed substantially signatures needed ballot access statewide election actions appellees independent candidate two new political parties certain voters challenging discrepancy equal protection grounds district enjoined enforcement provision insofar mandated signatures appeals affirmed held summary affirmance jackson ogilvie district decision supp upholding illinois signature requirement dispositive equal protection question presented precedential effect summary affirmance extend precise issues presented necessarily decided actions mandel bradley contrast case challenge jackson involved discrepancy requirement less stringent requirements candidates established political parties issue presented referred jackson district mentioned passing jurisdictional statement subsequently filed thus issue adequately presented decided summary affirmance pp illinois election code insofar requires independent candidates new political parties obtain signatures chicago violates equal protection clause fourteenth amendment pp fundamental rights freedom associate political party right cast votes effectively stake state must establish regulation ballot access necessary serve compelling interest pp ven pursuing legitimate interest state may choose means unnecessarily restrict constitutionally protected liberty kusper pontikes must adopt least drastic means achieve ends requirement particularly important restrictions access ballot involved since state determined smaller number signatures larger political unit adequately serves interest regulating number candidates ballot signature requirements independent candidates political parties seeking offices chicago clearly least restrictive means achieving objective appellant state board elections advanced reason much less compelling one state needs stringent requirement elections chicago statewide elections pp prior invalidation illinois rules regarding geographic distribution signatures tied requirements city state candidates solely population standard however may explain anomaly issue justify historical accident without constitute compelling state interest pp appeals properly dismissed moot appellant claim chicago board election commissioners lacked authority conclude settlement agreement respect unresolved issue whether signature requirement coupled filing deadline impermissibly burdened first fourteenth amendment rights appellant presented evidence creating reasonable expectation chicago board repeat purportedly unauthorized actions subsequent elections pp marshall delivered opinion brennan stewart white blackmun powell joined parts ii iv stevens joined blackmun filed concurring opinion post stevens filed opinion concurring part concurring judgment post burger concurred judgment rehnquist filed opinion concurring judgment post michael levinson argued cause appellant briefs michael lavelle franklin lunding jeffrey colman argued cause appellees rose et al brief william luking ronald reosti argued cause appellees socialist workers party et al brief lance haddix thomas foran filed brief appellee chicago board election commissioners justice marshall delivered opinion illinois election code new political parties independent candidates must obtain signatures qualified voters order appear ballot statewide elections however different standard applies elections offices political subdivisions state minimum number signatures required elections number persons voted previous election offices particular subdivision city chicago application standard produced incongruous result new party independent candidate needs substantially signatures gain access ballot similarly situated party candidate statewide office question us whether discrepancy violates equal protection clause fourteenth amendment january chicago city council ordered special mayoral election held june fill vacancy created death mayor richard daley pursuant order chicago board election commissioners chicago board issued election calendar listed filing dates signature requirements applicable independent candidates new political parties independent candidates obtain valid signatures february new political parties required file petitions valid signatures april subsequently chicago board state board elections state board agreed purposes special election bring conformity requirements independent candidates new parties filing deadline independents extended april signature requirement new parties reduced received less votes cast last mayoral election socialist workers party labor party new political parties defined illinois statute see supra along gerald rose candidate unaffiliated party therefore subject signature requirements filing deadlines specified election calendar january socialist workers party two voters supported candidate mayor brought action chicago board state board enjoin enforcement signature requirements filing deadlines new parties one week later gerald rose labor party four voters sued chicago board challenging restrictions new parties independent candidates state board intervened defendant pursuant district consolidated two cases trial contended trial discrepancy requirements state city elections violated equal protection clause argued restrictions independent candidates new parties unconstitutionally burdensome context special election short time collection signatures notice election filing deadline chicago board primary response decision jackson ogilvie supp nd summarily aff upholding illinois signature requirement foreclosed constitutional challenge case opinion issued march district determined jackson addressed neither circumstances special election disparity state city signature requirements issue socialist workers party chicago bd election supp merits appellees equal protection challenge found rational reason petition identical signatures satisfy legitimate state interests restricting ballot access state elections yet fail lesser unit lendall jernigan supp ed ark greater requirement signatures said least drastic means accomplishing state goals must found unduly impinge constitutional rights independents new political parties adherents omitted march chicago board appellees concluded settlement agreement respect unresolved issues agreement incorporated order entered day provided solely applied special mayoral election held chicago june signature requirement reduced filing deadline extended april app district denied state board subsequent motion vacate orders state board chicago board appealed march order march order per curiam decision rendered six months election appeals seventh circuit adopted opinion district also respect march order appeals dismissed moot state board contention chicago board lacked authority conclude settlement agreement without prior state approval ruling noted settlement order applied june election long passed held question chicago board authority actions capable repetition yet evading review quoting defunis odegaard noted probable jurisdiction affirm ii appellant argues summary affirmance jackson ogilvie supra dispositive equal protection challenge analyzing contention note outset summary affirmances considerably less precedential value opinion merits see edelman jordan chief justice burger observed fusari steinberg concurring opinion upon fuller consideration issue plenary review hesitated discard rule line summary affirmances may appear established see usery turner elkhorn mining moreover agree district conclusion jackson govern issues currently us case reverend jesse jackson independent candidate mayor chicago attacked signature requirement independent candidates impermissible burden exercise first amendment rights contended well discrepancy rule less stringent requirements candidates established political parties violated equal protection clause district rejected claims finding requirement reasonable burdens imposed independent established party candidates roughly equivalent appellees mount different challenge attack lines drawn independent established party candidates rather equal protection claim rests discrimination independent candidates new parties seeking access ballot statewide elections similarly situated candidates parties seeking access city elections appellant urges however even though district jackson explicitly mention equal protection issue presented issue raised memorandum supporting jackson filed district state course arguing election law discriminated independent candidates memorandum stated must also remembered even difficult independent candidate obtain signatures independent party yet whole new state political party needs signatures throughout entire state state officers section single independent candidate office mayor chicago needs almost signatures also invidious discrimination one seeking office mayor chicago memorandum law app juris statement jackson ogilvie district jackson however framed equal protection issue whether signature requirement operates discriminate plaintiff depriving right granted candidates established political parties jurisdictional statement posed question similar terms juris statement jackson ogilvie pp although jurisdictional statement alluded state memorandum incorporated separate appendix point directly address question us omission disposes appellant argument stated mandel bradley precedential effect summary affirmance extend farther precise issues presented necessarily decided actions summary disposition affirms judgment quoting fusari steinberg supra burger concurring may read action essential sustain judgment see usery turner elkhorn mining supra mccarthy philadelphia civil service per curiam questions merely lurk record webster fall resolved resolution may inferred assuming state memorandum jackson read advancing issue presented see supra issue means adequately presented necessarily decided jackson therefore effect constitutional claim advanced appellees iii determining whether illinois signature requirements new parties independent candidates applied city chicago violate equal protection clause must examine character classification question importance individual interests stake state interests asserted support classification see memorial hospital maricopa county dunn blumstein kramer union school williams rhodes provisions illinois election code issue incorporate geographic classification purposes setting requirements code distinguishes state candidates political parties voters supporting city candidates parties voters independent candidate new political party chicago city approximately voters eligible sign nominating petitions mayoral election secure signatures nominating petitions independent candidate new party state elections pool approximately million eligible voters obtain signatures distinction state city elections undoubtedly valid purposes resolve whether valid applied restrictions access ballot burden two distinct fundamental rights right individuals associate advancement political beliefs right qualified voters regardless political persuasion cast votes effectively williams rhodes supra freedom associate political party right recognized fundamental see diminished practical value party kept ballot access restrictions also implicate right vote absent recourse referendums voters assert preferences candidates parties lubin panish limiting choices available voters state impairs voters ability express political preferences reasons warrant amplification often reiterated voting fundamental significance constitutional structure wesberry sanders reynolds sims dunn blumstein supra vital individual rights stake state must establish classification necessary serve compelling interest american party texas white storer brown williams rhodes supra sure previously acknowledged legitimate interest regulating number candidates ballot lubin panish supra observed procedure inviting permitting every citizen present voters ballot without means measuring seriousness candidate desire motivation make rational voter choices difficult size ballot hence tend impede electoral process means testing seriousness given candidacy may open debate fundamental importance ballots reasonable size limited serious candidates prospects public support however previous opinions also emphasized even pursuing legitimate interest state may choose means unnecessarily restrict constitutionally protected liberty kusper pontikes required adopt least drastic means achieve ends lubin panish supra williams rhodes supra requirement particularly important restrictions access ballot involved interest screening frivolous candidates must considered light significant role third parties played political development nation abolitionists progressives populists undeniably influence always electoral success records parties demonstrate election campaign means disseminating ideas well attaining political office see bickel reform continuity binkley american political parties ed penniman sait american political parties elections ed overbroad restrictions ballot access jeopardize form political expression signature requirements independent candidates new political parties seeking offices chicago plainly least restrictive means protecting state objectives illinois legislature determined interest avoiding overloaded ballots statewide elections served requirement yet appellant advanced reason much less compelling one state needs stringent requirement chicago oral argument appellant explained signature provisions statewide elections originally reflected different approach elections political subdivisions tr oral arg independent candidates new political parties state elections required obtain signatures signatures also meet standards pertaining geographic distribution comparison candidates parties city elections obtain signatures flat percentage qualified voters moore ogilvie struck equal protection grounds illinois requirement nominating petition candidate statewide office include signatures least qualified voters least counties following moore appeals seventh circuit invalidated provision amended statute specified signatures new party petition statewide elections come one county communist party illinois state board elections cert denied thus appellant noted invalidation geographic constraints tied requirements city state candidates solely population standard giving rise anomaly issue although account may explain anomaly appellant still suggested reasons justify continuation historical accident without constitute compelling state interest therefore hold illinois election code unconstitutional insofar requires independent candidates new political parties obtain signatures chicago iv appellant finally challenges appeals disposition appeal march settlement order dismissed moot appellant claim chicago board lacked authority conclude settlement agreement without state consent appellant view erred placing claim within exception mootness doctrine cases capable repetition yet evading review southern pacific terminal icc weinstein bradford elaborated exception holding case moot challenged action duration short fully litigated prior cessation expiration reasonable expectation complaining party subjected action judgment appeals affirmed ordered footnotes section provides new political party shall formed district political subdivision less entire state petition shall signed qualified voters equaling number less number voters voted next preceding general election district political subdivision district political subdivision voted unit election officers serve respective territorial area nominations independent candidates public office within district political subdivision less state may made nomination papers signed aggregate candidate qualified voters district political division equaling less minimum whichever greater number persons voted next preceding general election district political district political voted unit election officers serve respective territorial area candidates new parties cook county populous chicago also obtain signatures political subdivisions state chicago cook county standard requires fewer signatures tr oral arg disparity signature requirements arose state chicago boards used voting figures april elections computing requirements independents used figures november general election calculations new parties pertinent statutory language regarding signature requirements independent candidates however identical new parties compare ann ch supp section election code provides nominating petitions independents new parties must filed least days prior election april record reflect caused discrepancy filing dates case chicago board responsible accepting nominating petitions candidates preparing ballots special elections ann ch supp also charge make provisions elections general special local municipal state county others every description held city part thereof time supp state board exercises general supervision administration registration election laws throughout state supp ill art although state board afforded notice opportunity participate district proceedings chicago board appeared argument motion permanent injunction entered injunction state board moved vacate decision advancing many grounds previously asserted chicago board state board appealed chicago board defending settlement agreement see infra appears appellee subsequent references appellees opinion however include appellees rose labor party argue even statement present issue view refers purported disparity treatment independent candidates new political parties fact appellees argue disparity compare ann ch supp chicago board election commissioners municipal election results apr dept commerce bureau census statistical abstract justice blackmun concurring although join opinion approach election cases 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 justice stevens concurring part concurring judgment placing additional names ballot adds cost conducting elections tends confuse voters state therefore valid interest limiting access ballot serious candidates interest adequately served requirement statewide election interest justify larger requirement smaller election nonetheless sure disparity evidences violation equal protection clause constitutional requirement illinois govern impartially implicated rule discriminates example socialists republicans catholics protestants question whether application rules prescribing different qualifications different political offices rather deciding question simply hold legislation imposing significant interference access ballot must rest rational predicate legislative remnant without support either product malfunction legislative process merely decision moore ogilvie see post rehnquist concurring judgment either event believe deprived appellees liberty without due process lawmaking fourteenth amendment requires cf delaware tribal business committee weeks stevens dissenting reasons concur judgment parts ii iv opinion justice rehnquist concurring judgment concur judgment join opinion employs elaborate analysis simple one suffice disparity state city signature requirements make sense intimately familiar reasons illinois coherent set petition requirements obtaining place ballot order appear ballot county city election necessary independent candidates new political parties obtain voter signatures equal number voters voted political subdivision last general election requirements statewide office put greater emphasis geographical balance independent candidates new political parties needed signatures least signatures obtained counties within state thus candidate statewide office time get ballot fewer signatures candidate office cook county also subject special restrictions reasonable illinois conclude scheme best vindicated interest protect ing integrity political processes frivolous fraudulent candidacies bullock carter cook county illinois state asked candidates political parties interested statewide office produce minimal evidence statewide support held voters per county requirement violated equal protection clause different counties different populations moore ogilvie decision led holding seventh circuit statute amended legislature moore place limit new political party signatures one county likewise denial equal protection communist party illinois state board elections cert denied courts knocked key panels otherwise symmetrical mosaic surprising little sense made left given history subscribe brother stevens alternative characterization illinois problem malfunction legislative process legislature enacted comprehensive election code amended response decision attorneys state board elections placed position defend law truncated version original enactment explains disparate treatment statewide chicago candidates justify test appellant scarcely made effort light history without engaging elaborate analysis pretends dealing considered product legislature hold disparate treatment bears rational relationship state interest