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Legislative Process Keyed to Mikva, 5th Ed.
Lubin v. Panish
Citation:
415 U.S. 709 (1974)Facts
In February 1972, petitioner Lubin sought to run for the Los Angeles County Board of Supervisors, a position with a four-year term and annual salary of $35,080. When he appeared at the Registrar-Recorder’s office to obtain nomination papers, he was denied them solely because he could not pay the required $701.60 filing fee (2% of the annual salary). California law required payment of this fee for both regular ballot placement and for write-in candidacy, with no alternative method for indigent candidates to access the ballot. Lubin filed a class action on behalf of himself and others similarly situated, claiming that the fee requirement without alternatives violated the Equal Protection Clause of the Fourteenth Amendment and rights of expression and association under the First Amendment.
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