William O. Douglas

“ Prior to the Garrett Act, every candidate desiring to run in a primary was required to file a declaration of candidacy by March 1. Ala.Code, Tit. 17, § 348 (1958) . Independents were exempt from this requirement and they were able to get on the ballot after nomination by a mass meeting held on the first Tuesday in May. Id. §§ 413, 414. As a result of the Garrett Act, an independent candidate had to decide whether to run at the same time as candidates in the primary made their determination. ”

“ In Greene County, Negroes of voting age are in a numerical majority-5,001 Negro, 1,649 white, according to the 1960 census.↑ Under Alabama law the probate judges have responsibility for preparing ballots to be used in each of the State's counties.↑ After first notifying the NDPA of its failure to file a certified list of its candidates with her office, the Secretary of State then notified the party of her willingness to accept such nominations filed by September 5. ”

“ And we added that that change 'might also undermine the effectiveness of voters who wish to elect independent candidates.' Ibid. The increased barriers placed on independent candidates by Alabama's Garrett Act likewise bring it within the purview of § 5 of the Federal Act. The Alabama officials, therefore, acted unlawfully in disqualifying independent candidates in the 1968 election for failure to comply with the Garrett Act. ”