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Jenness v. Fortson, 403 U.S. 431 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Jenness v. Fortson, 403 U.S. 431 (1971)
Jenness v. Fortson No. 5714 Argued March 1, 1971 Decided June 21, 1971 403 U.S. 431
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
Syllabus
Georgia law provides that any political organization whose candidate received 20% or more of the vote at the most recent gubernatorial or presidential election is a "political party." Any other political organization is a "political body." "Political parties" conduct primary elections, and the name of the winning candidate for each office is printed on the ballot. A nominee of a "political body" or an independent candidate may have his name on the ballot if he files a nominating petition signed by not less than 5% of those eligible to vote at the last election for the office he is seeking. The time for circulating the petition is 180 days, and it must meet the same deadline as a candidate in a party primary. Electors who sign a nominating petition are not restricted in any way, and there is no limitation on write-in votes on ballots.
Held: The challenge of appellants, prospective candidates and registered voters, to this election procedure was properly rejected, as it does not abridge the rights of free speech and association secured by the First and Fourteenth Amendments, and is not violative of the Fourteenth Amendment’s Equal Protection Clause. Williams v. Rhodes, 393 U.S. 23, distinguished. Pp. 434-442.
315 F.Supp. 1035, affirmed.
STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and DOUGLAS, BRENNAN, WHITE, MARSHALL, and BLACKMUN, JJ., joined. BLACK and HARLAN, JJ., concurred in the result.
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Chicago: U.S. Supreme Court, "Syllabus," Jenness v. Fortson, 403 U.S. 431 (1971) in 403 U.S. 431 403 U.S. 432. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=1QRZVCX2DZ2K4GH.
MLA: U.S. Supreme Court. "Syllabus." Jenness v. Fortson, 403 U.S. 431 (1971), in 403 U.S. 431, page 403 U.S. 432. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1QRZVCX2DZ2K4GH.
Harvard: U.S. Supreme Court, 'Syllabus' in Jenness v. Fortson, 403 U.S. 431 (1971). cited in 1971, 403 U.S. 431, pp.403 U.S. 432. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=1QRZVCX2DZ2K4GH.
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