Morse v. Republican Party of Va., 517 U.S. 186, 33 (1996)

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218

MORSE v. REPUBLICAN PARTY OF VA.

Opinion of Stevens, J.

The final argument fares no better. We have expressly rejected the contention that the right to vote depends on the success rate of the candidates one endorses. Voting at the nomination stage is protected regardless of whether it "invariably, sometimes or never determines the ultimate choice of the representative." United States v. Classic, 313 U. S., at 318. The operative test, we have stated repeatedly, is whether a political party exercises power over the electoral process. See United States v. Sheffield Bd. of Comm'rs, 435 U. S., at 122 ("§ 5 has to apply to all entities exercising control over the electoral processes within the covered States or subdivisions"); Dougherty County Bd. of Ed. v. White, 439 U. S., at 44-45 (§ 5 coverage depends only on the "impact of a change on the elective process"); Terry, 345 U. S., at 481 ("[A]ny 'part of the machinery for choosing officials' becomes subject to the Constitution's restraints") (quoting Smith v. Allwright, 321 U. S., at 664). That situation may arise in two-party States just as in one-party States. Indeed, the Terry concurrence summarized Smith as holding that "the Democratic Party of itself, and perforce any other political party, is prohibited by [the Fifteenth] Amendment from conducting a racially discriminatory primary election." Terry, 345 U. S., at 481 (Clark, J., concurring) (emphasis added). See also Moore v. Ogilvie, 394 U. S. 814, 818 (1969) (holding that the use of nomination petitions by independent candidates is a procedure that "must pass muster against the charges of discrimination or of abridgment of the right to vote"); Classic, 313 U. S., at 318.31 The contrary position

v. United States, 446 U. S. 156, 173-178 (1980). Congress again legislated beyond the reach of the Fifteenth Amendment when it amended § 2 of the Act to reject the "intent test" propounded in Mobile v. Bolden, 446 U. S. 55 (1980). See S. Rep. No. 97-417, at 39-43.

31 Justice Thomas contends that United States v. Classic is inapplicable because Party nominating conventions are not " 'by law made an integral part of the election machinery.' " Post, at 270, n. 12. Moore v. Ogilvie, 394 U. S. 814 (1969), shows that this view is incorrect. The Court in Moore held that the use of nominating petitions by independent candidates

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