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BURDICK v. TAKUSHI

No. 91-535.

504 U.S. 428 (1992)

112 S.Ct. 2059

119 L.Ed.2d 245

BURDICK v. TAKUSHI, DIRECTOR OF ELECTIONS OF HAWAII, et al.

Supreme Court of United States.

Decided June 8, 1992.

Attorney(s) appearing for the Case

Arthur N. Eisenberg argued the cause for petitioner. With him on the briefs were Steven R. Shapiro, John A. Powell, Mary Blaine Johnston, Carl Varady, Paul W. Kahn, Lawrence G. Sager, Burt Neuborne, and Alan B. Burdick, pro se.

Steven S. Michaels, Deputy Attorney General of Hawaii, argued the cause for respondents. With him on the brief were Warren Price III, Attorney General, and Girard D. Lau, Deputy Attorney General.*

White, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Souter, and Thomas, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Blackmun and Stevens, JJ., joined, p. 442.

Justice White, delivered the opinion of the Court.

The issue in this case is whether Hawaii's prohibition on write-in voting unreasonably infringes upon its citizens' rights under the First and Fourteenth Amendments. Petitioner contends that the Constitution requires Hawaii to provide for the casting, tabulation, and publication of write-in votes. The Court of Appeals for the Ninth Circuit disagreed, holding that the prohibition...

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