Potter Stewart

“ By preventing parties that have not demonstrated timely and widespread support from gaining places on its ballot, Ohio's provisions tend to guard against the possibility that small-party candidates will draw enough support to prevent either of the major contenders from obtaining an absolute majority of votes-and against the consequent possibility that election may be secured by candidates who gain a plurality but who are, vis-a -vis their principal opponents, preferred by less than half of those voting. ”

“ They assert that although Ohio may establish 'reasonable' qualifying standards so that ballots do not become unwieldy, the strength of the American Independent Party is so substantial that no such requirement could possibly suffice to keep the Party's candidates off the presidential ballot. Ohio's requirements are so high, they contend, that the legislative purpose behind those requirements can be only to keep new parties-even those that, like the American Independent Party, have gained considerably more than 'splinter' support-off the ballot. ”

“ Such persons are entirely free to assemble, speak, write, and proselytize as they see fit. They are free either to attempt to modify the character of the established major parties or to go their own way and set up separate political organizations. And if they can timely demonstrate that they have substantial support within the State according to Ohio's reasonable standards for deciding that question-they may secure ballot position for the candidates they support. Ohio has restricted only their ability to secure ballot position without demonstrating that support. ”

“ Although Ohio's provisions do not freeze the Republican and Democratic Parties into the State's election structure by specific reference to those parties, it is true that established parties, once they become participants in the electoral process, continue to enjoy ballot position so long as they have polled 10% of the vote in the most recent Ohio gubernatorial election. ”

“ The laws of Ohio classify political parties, for purposes of access to that State's ballot, according to size and strength. [6] Those that timely demonstrate widespread support in the State may submit a slate of presidential electors to Ohio's voters, while those that neither have participated in past elections nor can show the support of 15% of the voting public 90 days before a primary election may not. ”

“ And such requirements, they conclude, thus deny persons in their position equal protection of the laws.
Ohio for its part concedes that the legislative objective underlying the statutes in question is to prevent the appearance on its ballot of slates of presidential electors whose substantial party support has not been timely demonstrated. That the basic classification drawn by the provisions is not 'irrelevant to the achievement of the State's objective'-the traditional standard for judging the validity of a legislative classification under the Equal Protection Clause-is clear. ”

“ Under these circumstances, we think it apparent that compelled disclosure of petitioner's Alabama membership is likely to affect adversely the ability of petitioner and its members to pursue their collective effort to foster beliefs which they admittedly have the right to advocate, in that it may induce members to withdraw from the Association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of this exposure. ”

“ In an election involving only the candidates of parties A and B, however, those persons preferring party C's candidates might well have voted overwhelmingly for party A's, thus giving party A's candidates a substantial majority victory.↑ The date specified, for instance, is related to Ohio's requirement that all political parties hold primary elections another provision that is, it seems to me, well within the State's power to enact.↑ Cf. ”

“ This repressive effect, while in part the result of private attitudes and pressures, was brought to bear only after the exercise of governmental power had threatened to force disclosure of the members' names. * * * Thus, the threat of substantial government encroachment upon important and traditional aspects of individual freedom is neither speculative nor remote. ”