512
Syllabus
encompasses matters like notices, registration, supervision of voting, and other requirements as to procedure and safeguards which experience shows are necessary to enforce the fundamental right involved. See, e. g., Smiley v. Holm, 285 U. S. 355, 366. Rather, Article VIII is plainly designed to favor candidates who are willing to support the particular form of a term limits amendment set forth in its text and to disfavor those who either oppose term limits entirely or would prefer a different proposal. Cf. Anderson v. Celebrezze, 460 U. S. 780, 788, n. 9. It not only "instruct[s]" Missouri's congressional Members to promote the passage of the specified term limits amendment, but also attaches a concrete consequence to noncompliance—the printing of an adverse label by the candidate's name on ballots. The two labels impose substantial political risk on candidates who fail to comply with Article VIII, handicapping them at the most crucial stage in the election process— the instant before the vote is cast, Anderson v. Martin, 375 U. S. 399, 402. And, by directing the citizen's attention to the single consideration of the candidates' fidelity to term limits, the labels imply that the issue is an important—perhaps paramount—consideration in the citizen's choice. Ibid. Article VIII thus attempts to "dictate electoral outcomes." U. S. Term Limits, 514 U. S., at 833-834. Such "regulation" of congressional elections is not authorized by the Elections Clause. Pp. 522-527.
191 F. 3d 911, affirmed.
Stevens, J., delivered the opinion of the Court, in which Scalia, Kennedy, Ginsburg, and Breyer, JJ., joined, in which Souter, J., joined as to Parts I, II, and IV, and in which Thomas, J., joined as to Parts I and IV. Kennedy, J., filed a concurring opinion, post, p. 527. Thomas, J., filed an opinion concurring in part and concurring in the judgment, post, p. 530. Rehnquist, C. J., filed an opinion concurring in the judgment, in which O'Connor, J., joined, post, p. 530.
James R. McAdams argued the cause for petitioner. With him on the briefs were Jeremiah W. (Jay) Nixon, Attorney General of Missouri, James R. Layton, State Solicitor, and Tina M. Crow Halcomb and J. Eric Durr, Assistant Attorneys General.
Jonathan S. Franklin argued the cause for respondents. With him on the brief were H. Christopher Bartolomucci and Arthur A. Benson II.
Deputy Solicitor General Underwood argued the cause for the United States as amicus curiae urging affirmance.
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