Morse v. Republican Party of Virginia (1995)
- Docket
- 94-203
- Decided
- 1995-01-01
Summary
Question: Does section 5 of the Voting Rights Act of 1965 require preclearance of the Republican Party of Virginia's decision to exact a fee to nominate the party's candidate for senator? Are voters permitted to challenge the fee as a poll tax prohibited by section 10? Conclusion: Yes and yes. In a 5-4 plurality opinion delivered by Justice John Paul Stevens, five Justices of the Court, although unable to agree on an opinion, agreed that the party's imposition of the registration fee was subject to the preclearance requirements of section 5 and that a private right of action existed to enforce section 10. "By limiting the opportunity for voters to participate in the Party's convention, the fee undercuts their influence on the field of candidates whose names will appear on the ballot, and thus weakens the 'effectiveness' of their votes cast in the general election itself," wrote Justice Stevens for the Court. Justice Stephen G. Breyer filed an opinion concurring in the opinion, in which Justice Sandra Day O'Connor and David H. Souter joined. Chief Justice William H. Rehnquist and Justices Antonin Scalia and Anthony M. Kennedy filed separate dissents. Each emphasized First Amendment concerns.