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BULLOCK v. CARTER

No. 70-128.

405 U.S. 134 (1972)

92 S.Ct. 849

31 L.Ed.2d 92

BULLOCK ET AL. v. CARTER ET AL.

Supreme Court of United States.

Decided February 24, 1972.

Attorney(s) appearing for the Case

John F. Morehead, Special Assistant Attorney General of Texas, and Pat Bailey, Assistant Attorney General, argued the cause for appellants. With them on the brief were Crawford C. Martin, Attorney General, Nola White, First Assistant Attorney General, Alfred Walker, Executive Assistant Attorney General, J. C. Davis, William J. Craig, and W. O. Shultz II, Assistant Attorneys General, and Charles F. Herring.

A. L. Crouch argued the cause for appellees Wischkaemper et al. With him on the brief was Eugene L. Smith for appellee Carter. Joseph A. Calamia argued the cause for appellees Pate et al. With him on the briefs was John L. Fashing.

MR. CHIEF JUSTICE BRUGER delivered the opinion of the Court.

Under Texas law, a candidate must pay a filing fee as a condition to having his name placed on the ballot in a primary election.1 The constitutionality of the Texas filing-fee system is the subject of this appeal from the judgment of a three-judge District Court.

Appellee Pate met all qualifications to be a candidate in the May 2, 1970, Democratic primary for the office...

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