Bradley in DC
01-31-2008, 08:10 AM
http://www.ballot-access.org/2008/01/31/utah-senate-passes-bill-to-force-write-in-candidates-to-pay-filing-fee/
Utah Senate Passes Bill to Force Write-in Candidates to Pay Filing Fee
January 31st, 2008
On January 29, the Utah Senate unanimously passed SB 126, which requires declared write-in candidates to pay the same filing fee that ballot-listed candidates must pay.
Such laws have been held unconstitutional in other states, in every instance. The U.S. Supreme Court said in both 1972 and 1974 that the only legitimate purpose of filing fees is to keep ballots from being crowded with too many names. Because write-in candidates’ names do not appear on the ballot, a filing fee for them serves no legitimate state purpose. Filing fees for write-in candidates were invalidated in Maryland (Dixon v Maryland State Board of Election Laws, 878 F 2d 776, 4th cir.1989) and in West Virginia (Phillips v Hechler, 120 F Supp 2d 587, 2000).
Utah Senate Passes Bill to Force Write-in Candidates to Pay Filing Fee
January 31st, 2008
On January 29, the Utah Senate unanimously passed SB 126, which requires declared write-in candidates to pay the same filing fee that ballot-listed candidates must pay.
Such laws have been held unconstitutional in other states, in every instance. The U.S. Supreme Court said in both 1972 and 1974 that the only legitimate purpose of filing fees is to keep ballots from being crowded with too many names. Because write-in candidates’ names do not appear on the ballot, a filing fee for them serves no legitimate state purpose. Filing fees for write-in candidates were invalidated in Maryland (Dixon v Maryland State Board of Election Laws, 878 F 2d 776, 4th cir.1989) and in West Virginia (Phillips v Hechler, 120 F Supp 2d 587, 2000).