Timmons v. Twin Cities Area New Party, 520 U.S. 351, 12 (1997)

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362

TIMMONS v. TWIN CITIES AREA NEW PARTY

Opinion of the Court

But, more importantly, the supposed benefits of fusion to minor parties do not require that Minnesota permit it. See Tashjian, supra, at 222 (refusing to weigh merits of closed and open primaries). Many features of our political system—e. g., single-member districts, "first past the post" elections, and the high costs of campaigning—make it difficult for third parties to succeed in American politics. Burnham Declaration, App. 12-13. But the Constitution does not require States to permit fusion any more than it requires them to move to proportional-representation elections or public financing of campaigns. See Mobile v. Bolden, 446 U. S. 55, 75 (1980) (plurality opinion) ("Whatever appeal the dissenting opinion's view may have as a matter of political theory, it is not the law").

The New Party contends that the fusion ban burdens its "right . . . to communicate its choice of nominees on the ballot on terms equal to those offered other parties, and the right of the party's supporters and other voters to receive that information," and insists that communication on the ballot of a party's candidate choice is a "critical source of information for the great majority of voters . . . who . . . rely upon party 'labels' as a voting guide." Brief for Respondent 22-23.

It is true that Minnesota's fusion ban prevents the New Party from using the ballot to communicate to the public that it supports a particular candidate who is already another party's candidate. In addition, the ban shuts off one possible avenue a party might use to send a message to its preferred candidate because, with fusion, a candidate who wins an election on the basis of two parties' votes will likely know more—if the parties' votes are counted separately—about the particular wishes and ideals of his constituency. We are

cline. See generally Haynes, supra; Valelly, supra; M. Gieske, Minnesota Farmer-Laborism: The Third-Party Alternative (1979). Eventually, a much-weakened Farmer-Labor Party merged with the Democrats, forming what is now Minnesota's Democratic-Farmer-Labor Party, in 1944. Valelly, supra, at 156.

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