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MMLU / A state has enacted a party affiliation statute prohibiting a person from being…

Problem

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question

A state has enacted a party affiliation statute prohibiting a person from being an independent candidate in a general election if she had either (1) registered with a political party during the year prior to the immediately preceding primary, or (2) voted in that primary. The state adopted the so-called "disaffiliation" statute in order to have intraparty feuds resolved in primary elections rather than in the general election. Moreover, the state's elections director strongly supported the law and argued that it was necessary to avoid voter confusion and to ensure that the general election winner received a majority. A man, who was a registered Democrat in 2008, now wishes to run as an independent candidate in the November, 2009, general election. However, the elections director ruled that his candidacy violated the state's "disaffiliation" statute and barred him from appearing on the ballot. If the man files suit in federal district court challenging the constitutionality of the state's election statute, which of the following best states the burden of persuasion?

choices

  1. The state must demonstrate that the law is necessary to further an important state interest under equal protection analysis.
  2. The state must demonstrate that the law is necessary to further a compelling state interest under fundamental rights analysis.
  3. The man must demonstrate that the law is not rationally related to any legitimate state interest under fundamental rights analysis.
  4. The man must demonstrate under fundamental rights analysis that the state has less restrictive alternative means available for independent candidates to get a ballot position.

subject

professional_law

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Source and history

task_id
cad4034b-d3a6-53a4-8b01-9ccaf19bc328
task_key
all--test--cad4034b-d3a6-53a4-8b01-9ccaf19bc328
task_revision_id
1
config / split
all / test

Official source

initial import