370
Stevens, J., dissenting
integrity and political stability.13 In deciding that Minnesota's fusion ban does not unconstitutionally burden the New Party's First and Fourteenth Amendment rights, we express no views on the New Party's policy-based arguments concerning the wisdom of fusion. It may well be that, as support for new political parties increases, these arguments will carry the day in some States' legislatures. But the Constitution does not require Minnesota, and the approximately 40 other States that do not permit fusion, to allow it. The judgment of the Court of Appeals is reversed.
It is so ordered.
Justice Stevens, with whom Justice Ginsburg joins, and with whom Justice Souter joins as to Parts I and II, dissenting.
In Minnesota, the Twin Cities Area New Party (Party) is a recognized minor political party entitled by state law to have the names of its candidates for public office appear on the state ballots. In April 1994, Andy Dawkins was qualified to be a candidate for election to the Minnesota Legislature as the representative of House District 65A. With Dawkins' consent, the Party nominated him as its candidate for that office. In my opinion the Party and its members had a constitutional right to have their candidate's name appear on the ballot despite the fact that he was also the nominee of another party.
The Court's conclusion that the Minnesota statute prohibiting multiple-party candidacies is constitutional rests on three dubious premises: (1) that the statute imposes only a
13 Justice Stevens rejects the argument that Minnesota's fusion ban serves its alleged paternalistic interest in "avoiding voter confusion." Post, at 374, 375-376 (dissenting opinion) ("[T]his concern is meritless and severely underestimates the intelligence of the typical voter"). Although this supposed interest was discussed below, 73 F. 3d, at 199-200, and in the parties' briefs before this Court, Brief for Petitioners 41-44; Brief for Respondent 34-39, it plays no part in our analysis today.
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