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JENNESS v. FORTSON

No. 5714.

403 U.S. 431 (1971)

91 S.Ct. 1970

29 L.Ed.2d 554

JENNESS ET AL. v. FORTSON, SECRETARY OF STATE OF GEORGIA.

Supreme Court of United States.

Decided June 21, 1971

Attorney(s) appearing for the Case

Peter E. Rindskopf argued the cause for appellants. With him on the brief was Howard Moore, Jr.

Robert J. Castellani, Assistant Attorney General of Georgia, argued the cause for appellee. With him on the brief were Arthur K. Bolton, Attorney General, and Harold N. Hill, Jr., Executive Assistant Attorney General.

MR. JUSTICE STEWART delivered the opinion of the Court.

Under Georgia law a candidate for elective public office who does not enter and win a political party's primary election can have his name printed on the ballot at the general election only if he has filed a nominating petition signed by at least 5% of the number of registered voters at the last general election for the office in question.1

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