MOORE V. OGILVIE, 394 U. S. 814 (1969)

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U.S. Supreme Court

Moore v. Ogilvie, 394 U.S. 814 (1969)

Moore v. Ogilvie

No. 620

Argued March 27, 1969

Decided May 5, 1969

394 U.S. 814


Appellants, who were independent candidates for presidential electors from Illinois in the 1968 election, sought declaratory and injunctive relief from a denial of certification by appellees, members of the State's Electoral Board. An Illinois statute provides that nominating petitions for independent candidates must have 25,000 signatures, including 200 signatures from each of at least 50 of the State's 102 counties. Appellants' petitions contained over 25,000 signatures, but not 200 voters from each of 50 counties. Of the State's registered voters, 93.4% reside in the 49 most populous counties, and only 6.6% in the remaining 53 counties. The District Court dismissed the complaint, relying on MacDougall v. Green, 335 U. S. 281.


1. The case is not moot, as the burden which MacDougall v. Green, supra, placed on nominations for statewide offices controls future elections, and reflects a continuing federal-state controversy which needs resolution. P. 816.

2. The Illinois statute, which is an integral part of the election process, applies a rigid, arbitrary formula to sparsely settled counties and populous counties alike, and thus discriminates against the residents of the populous counties in the exercise of their political rights in violation of the Equal Protection Clause of the Fourteenth Amendment. MacDougall v. Green, supra, overruled. Pp. 394 U. S. 816-819.

293 F.Supp. 411, reversed.

Page 394 U. S. 815

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