· 3/19/2004
Steven Biener Carol Greenway v. Frank Calio, the Honorable, State Election Commissioner Democratic Party of the State of Delaware
Citations
- 361 F.3d 206
- 2004 U.S. App. LEXIS 7556
- 2004 WL 540482
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that delegation to political parties to set filing fees for primaries was constitutional because the legislature set the upper limit on the fees
- explaining that “we follow[] the flexible standard set forth in Anderson v. Celebrezze for determining the appropriate level of scrutiny in ballot access cases”
- applying rational basis where there was no showing of an “infringement on the fundamental right to vote”
- noting that “[t]he right to run for office has not been deemed a fundamental right” and “voter’s rights are not infringed where a candidate chooses not to run because he is unwilling to comply with reasonable state requirements”
- applying rational basis where there was no showing of an “infringement on the fundamental right to vote”
- state 7 statute requiring filing fee for primary candidates
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Nygaard, Ambro
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.