Siegel's Constitutional Law: Essay and Multiple-Choice Questions and Answers, Fifth Edition by Brian N. Siegel & Ronald Krotoszynski Jr

Author:Brian N. Siegel & Ronald Krotoszynski Jr. [Siegel, Brian N.]
Language: eng
Format: azw3
ISBN: 9781454827702
Publisher: Aspen Publishers (Wolters Kluwer Legal)
Published: 2012-04-29T16:00:00+00:00

13. Pfeifer Madison, a wealthy eccentric living in the state of Ukiah, is an “antitax” person. He formed a new political party called “Americans Against Taxes.” Pfeifer decided to run for governor and told his followers that, if he is elected, he will do everything in his power to minimize state taxes. By state statute, to run for office in Ukiah, Pfeifer must file a petition containing 20 percent of the registered voters’ signatures before he can be placed on the ballot. Pfeifer and his campaign supporters worked diligently to obtain enough signatures to put his name on the ballot, but they were unsuccessful. (They obtained only 12 percent.) Thus, Pfeifer failed to get on the Ukiah state ballot as an independent candidate for governor.

Pfeifer then retained Ukiah’s largest law firm to commence a suit against the appropriate state officials in U.S. district court. This firm sought an injunction against the signature requirement on the ground that it was unconstitutional and therefore invalid.

The strongest argument for the state statute’s unconstitutionality is that

A. the statute was intended to keep candidates who lacked strong voter support off the ballot.

B. relatively few independent candidates have, in fact, ever succeeded in obtaining the requisite number of signatures.

C. there is probably a less burdensome means of accomplishing the statute’s purpose.

D. all voter signature requirements are an unreasonable means of ensuring that a potential candidate has adequate popular support.

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