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Problem

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question

A state legislature has recently enacted a statute requiring all prospective voters in state electionswho wish to write-in a candidate to print the candidate's full name, and designate the office for which the candidate is running. The statute provides that such information must be written on the ballot in ink in an appropriate space. A write-in candidate for the office of Attorney General is a Chinese-American. The candidate is of the opinion that he needs a large turnout of Chinese voters in order to win the election. As a result, his campaign manager decides to mail to every registered Chinese voter a tear-off sticker, which bears the candidates name along with the office of Attorney General. Since many native Chinese people are not proficient in reading and writing English, the campaign manager believes that many of the voters will have difficulty writing the candidate's name and office on the ballot. As a result, the campaign manager has mounted an extensive media campaign to inform voters on how to apply the stickers to the ballot. Five months prior to the election an election official notifies the candidate's campaign committee that the tear-off stickers do not comply with the state statute. In her letter, the official explains that state election officials are of the opinion that it is necessary for potential voters to write the candidate's name in ink. Therefore, she concludes that the stickers do not comply with statutory requirements. Three weeks later, the candidate filed suit in federal district court against the election officials, claiming that their interpretation of the state statute violates the U. S. Constitution. Thereafter, one of the candidate's opponents filed suit in state court seeking to prevent state election officials from counting any write-in ballots with stickers. The state court has now scheduled a prompt hearing on this matter. In addition, the state court has indicated that it hopes to render a decision on the merits within the next three weeks. Which of the following statements is correct concerning the federal court's adjudication of the candidate's suit?

category

law

options

  1. The federal court should remand the case to the state court to decide the constitutional issue presented.
  2. The federal court should hear the case and make a ruling before the state court.
  3. The federal court should refuse to hear the case because it presents a nonjusticiable political question.
  4. The federal court should hear the case and defer its decision until after the state court's ruling.
  5. The federal court should refuse to hear the case because it is a matter of state law.
  6. The federal court should hear the case because the state statute potentially violates federal law.
  7. The federal court should refuse to hear the case because it's a matter of electoral law.
  8. The federal court should hear the case on the merits.
  9. The federal court should refuse to hear the case as it lacks jurisdiction.
  10. The federal court should refuse to hear the case because of the abstention doctrine.

src

ori_mmlu-professional_law

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