Timmons v. Twin Cities Area New Party, 520 U.S. 351, 7 (1997)

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Cite as: 520 U. S. 351 (1997)

Opinion of the Court

288, 295-298. Minnesota banned fusion in 1901.5 This trend has continued and, in this century, fusion has become the exception, not the rule. Today, multiple-party candidacies are permitted in just a few States,6 and fusion plays a significant role only in New York.7

The First Amendment protects the right of citizens to associate and to form political parties for the advancement of common political goals and ideas. Colorado Republican Federal Campaign Comm. v. Federal Election Comm'n, 518 U. S. 604, 616 (1996) ("The independent expression of a political party's views is 'core' First Amendment activity no less than is the independent expression of individuals, candidates, or other political committees"); Norman v. Reed, 502 U. S. 279, 288 (1992) ("constitutional right of citizens to create and develop new political parties . . . advances the constitutional interest of like-minded voters to gather in pursuit of common political ends"); Tashjian v. Republican Party of Conn., 479

5 See Act of Apr. 13, 1901, ch. 312, 1902 Minn. Laws 524. The Minnesota Supreme Court struck down the ban in In re Day, 93 Minn. 178, 182, 102 N. W. 209, 211 (1904), because the title of the enacting bill did not reflect the bill's content. The ban was reenacted in 1905. 1905 Minn. Rev. Laws, ch. 6, § 176, pp. 27, 31. Minnesota enacted a revised election code, which includes the fusion-related provisions involved in this case, in 1981. Act of Apr. 14, 1981, ch. 29, Art. 4, § 6, 1981 Minn. Laws 73.

6 Burnham Declaration, App. 15 ("Practice of [multiple-party nomination] in the 20th century has, of course, been much more limited. This owes chiefly to the fact that most state legislatures . . . outlawed the practice"); McKenna, 73 F. 3d, at 198 ("[M]ultiple party nomination is prohibited today, either directly or indirectly, in about forty states and the District of Columbia . . ."); S. Cobble & S. Siskind, Fusion: Multiple Party Nomination in the United States 8 (1993) (summarizing States' fusion laws).

7 See N. Y. Elec. Law §§ 6-120, 6-146(1) (McKinney 1978 and Supp. 1996). Since 1936, when fusion was last relegalized in New York, several minor parties, including the Liberal, Conservative, American Labor, and Right to Life Parties, have been active and influential in New York politics. See Burnham Declaration, App. 15-16; Cobble & Siskind, supra n. 6, at 3-4.

357

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