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· 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 CourtListener

Sourced 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.