October Term 2004 · Docket 04-37
Can States Ban Third-Party Candidates From Major-Party Primaries?
The dispute centers on whether state laws can exclude third-party candidates from major-party primaries to protect party integrity.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Poe argued the Tenth Circuit struck down a rule adopted by nearly half the states.
Mr. Linger stated party integrity should be defined by the party, not the state.
Justice Kennedy noted the state interest in protecting major parties conflicts with prior holdings protecting third parties.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 11-15 — Transcript, file page 10, lines 11-15
- Official Supreme Court Transcript — file page 10, lines 21-27 — Transcript, file page 10, lines 21-27
- Official Supreme Court Transcript — file page 10, lines 47-3 — Transcript, file page 10, lines 47-3
- Official Supreme Court Transcript — file page 16, lines 43-3 — Transcript, file page 16, lines 43-3
- Official Supreme Court Transcript — file page 25, lines 33-13 — Transcript, file page 25, lines 33-13
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 4, lines 3-19 — Transcript, file page 4, lines 3-19
- Official Supreme Court Transcript — file page 4, lines 41-43 — Transcript, file page 4, lines 41-43
- Official Supreme Court Transcript — file page 5, lines 19-25 — Transcript, file page 5, lines 19-25
- Official Supreme Court Transcript — file page 5, lines 35-41 — Transcript, file page 5, lines 35-41
- Official Supreme Court Transcript — file page 5, lines 7-17 — Transcript, file page 5, lines 7-17
- Official Supreme Court Transcript — file page 6, lines 7-19 — Transcript, file page 6, lines 7-19
- Official Supreme Court Transcript — file page 7, lines 37-13 — Transcript, file page 7, lines 37-13
- Official Supreme Court Transcript — file page 8, lines 29-33 — Transcript, file page 8, lines 29-33
- Official Supreme Court Transcript — file page 9, lines 25-3 — Transcript, file page 9, lines 25-3
A citizen's guide to the whole case
What this case is about
This case tests the limits of state power over primary elections. The core conflict involves the right of political parties to control their own membership versus the state's interest in preventing voter confusion. The Court must balance these competing First Amendment interests.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 43-3 — Transcript, file page 16, lines 43-3
- Official Supreme Court Transcript — file page 25, lines 33-13 — Transcript, file page 25, lines 33-13
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
How the case got here
The Supreme Court heard oral argument in this case on January 19, 2005.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
the sides that brought the case want the state rule struck down to allow third-party candidates in primaries.
the opposing sides want the state rule upheld to prevent major-party members from voting for third-party candidates.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 43-3 — Transcript, file page 16, lines 43-3
- Official Supreme Court Transcript — file page 25, lines 33-13 — Transcript, file page 25, lines 33-13
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
What each side says
the sides that brought the case argue party integrity is defined by the party, not the state, and state interference violates First Amendment rights.
the opposing sides argue states have a valid interest in protecting major parties from losing members to third parties.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 43-3 — Transcript, file page 16, lines 43-3
- Official Supreme Court Transcript — file page 25, lines 33-13 — Transcript, file page 25, lines 33-13
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
What the justices asked
Justice Breyer asked about the difference between small and large party interests regarding election deadlines.
Justice Scalia questioned whether a party chairman would defend the state system if not named as a party.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 11-15 — Transcript, file page 10, lines 11-15
- Official Supreme Court Transcript — file page 10, lines 21-27 — Transcript, file page 10, lines 21-27
- Official Supreme Court Transcript — file page 10, lines 47-3 — Transcript, file page 10, lines 47-3
- Official Supreme Court Transcript — file page 4, lines 3-19 — Transcript, file page 4, lines 3-19
- Official Supreme Court Transcript — file page 4, lines 41-43 — Transcript, file page 4, lines 41-43
- Official Supreme Court Transcript — file page 5, lines 19-25 — Transcript, file page 5, lines 19-25
- Official Supreme Court Transcript — file page 5, lines 35-41 — Transcript, file page 5, lines 35-41
- Official Supreme Court Transcript — file page 5, lines 7-17 — Transcript, file page 5, lines 7-17
- Official Supreme Court Transcript — file page 6, lines 7-19 — Transcript, file page 6, lines 7-19
- Official Supreme Court Transcript — file page 7, lines 37-13 — Transcript, file page 7, lines 37-13
- Official Supreme Court Transcript — file page 8, lines 29-33 — Transcript, file page 8, lines 29-33
- Official Supreme Court Transcript — file page 9, lines 25-3 — Transcript, file page 9, lines 25-3
Why it matters
This case defines the boundary between state election administration and party autonomy. It determines how states manage primary access for third parties. The outcome shapes the structure of American political competition.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 43-3 — Transcript, file page 16, lines 43-3
- Official Supreme Court Transcript — file page 25, lines 33-13 — Transcript, file page 25, lines 33-13
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 11-15 — Transcript, file page 10, lines 11-15
- Official Supreme Court Transcript — file page 10, lines 21-27 — Transcript, file page 10, lines 21-27
- Official Supreme Court Transcript — file page 10, lines 47-3 — Transcript, file page 10, lines 47-3
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 4, lines 3-19 — Transcript, file page 4, lines 3-19
- Official Supreme Court Transcript — file page 4, lines 41-43 — Transcript, file page 4, lines 41-43
- Official Supreme Court Transcript — file page 5, lines 19-25 — Transcript, file page 5, lines 19-25
- Official Supreme Court Transcript — file page 5, lines 35-41 — Transcript, file page 5, lines 35-41
- Official Supreme Court Transcript — file page 5, lines 7-17 — Transcript, file page 5, lines 7-17
- Official Supreme Court Transcript — file page 6, lines 7-19 — Transcript, file page 6, lines 7-19
- Official Supreme Court Transcript — file page 7, lines 37-13 — Transcript, file page 7, lines 37-13
- Official Supreme Court Transcript — file page 8, lines 29-33 — Transcript, file page 8, lines 29-33
- Official Supreme Court Transcript — file page 9, lines 25-3 — Transcript, file page 9, lines 25-3
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 16, lines 43-3 — Transcript, file page 16, lines 43-3
- Official Supreme Court Transcript — file page 25, lines 33-13 — Transcript, file page 25, lines 33-13
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
- Official Supreme Court Transcript — file page 16, lines 43-3 — Transcript, file page 16, lines 43-3
- Official Supreme Court Transcript — file page 25, lines 33-13 — Transcript, file page 25, lines 33-13
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.