Morse v. Republican Party of Va., 517 U.S. 186, 17 (1996)

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202

MORSE v. REPUBLICAN PARTY OF VA.

Opinion of Stevens, J.

liams did not concern the selection of nominees for state elective office, but rather a political party's compliance with a rule promulgated by the Democratic National Party governing the selection of delegates to its national convention. According to the District Court's interpretation of Georgia law, the State exercised no control over, and played no part in, the state Party's selection of delegates to the Democratic National Convention.19 Because the Commonwealth delegated no authority to the Party to choose the delegates, the Party did not act under the authority, implicit or explicit, of the Commonwealth.

If anything, the logic of Williams supports application of the preclearance requirement. The District Court stated that it was "convinced that voting rights connected with the delegate election process are the type of rights Congress intended to safeguard" by passage of the Act. Civ. Action No. 16286, at 4. It declined to require the party to preclear changes in its nominating methods only because there were no administrative procedures for submission of such changes at the time of the decision. Id., at 5. Since then, however, the Attorney General has clarified that "an appropriate official of the political party" may submit party rules affecting

19 "The State has no connection with the delegate selection process or State Party's rules and regulations other than allowing the rules and regulations to be filed under Ga. Code Ann. § 34-902. The purpose of such filing is merely to provide a place for public inspection of the State Party's rules and regulations." Williams v. Democratic Party of Georgia, Civ. Action No. 16286 (ND Ga., Apr. 6, 1972), pp. 4-5. In their motion to affirm in that case, the appellees noted that the Secretary of State of Georgia was obligated to approve a political party's rules applicable to the selection of candidates for public office by convention but had no authority to review the rules and regulations promulgated by the National Democratic Party governing the selection of delegates to its national convention. Under the Attorney General's regulation that is now in effect, preclearance of the National Democratic Party's rule change would not have been required if the District Court's interpretation of Georgia law was correct. Our summary affirmance no doubt accepted that court's view of the relevant state law. Cf. Bishop v. Wood, 426 U. S. 341, 345-346 (1976).

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