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Clingman v. Beaver

Docket No.: 04-37
Certiorari Granted: Sep 28 2004
Argued: January 19, 2005
Decided: May 23, 2005


Amendment 1: Speech, Press, and Assembly, First Amendment, Miscellaneous, Article I, Commerce Clause, Fifteenth Amendment, First Amendment, Fourteenth Amendment, abuse of discretion, endangered species, equitable relief, judicial review, stare decisis

PartyNames: Michael Clingman, Secretary, Oklahoma State Election Board, et al. v. Andrea L. Beaver, et al.
Petitioner: Michael Clingman, Secretary, Oklahoma State Election Board, et al.
Respondent: Andrea L. Beaver, et al.

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: 363 F3d 1048
Supreme Court Docket

Michael Clingman, Secretary, Oklahoma State Election Board, et al.
Andrea L. Beaver, et al.
544 U.S. 581 (2005)
Question Presented:

I. Whether Oklahoma's semi-closed primary election law -- which allows a political party to invite non-affiliated voters but not voters registered with another political party to vote in its partisan primary but prevents a voter registered with another political party from voting in that primary -- violates the First Amendment rights of a political party and its members to associate.II. Whether the decision in California Democratic Party v. Jones, 530 U.S. 567 (2000) requires that a State allow a political party, at its option, to open its political party primary election to any registered voter regardless of that registered voter's political affiliation.III. Whether the Tenth Circuit Court of Appeals erred in finding that the State of Oklahoma's restrictions constituted a severe burden on the right of association of the political party thereby requiring the regulation to be narrowly tailored to meet a compelling state interest or whether the appropriate standard is the balancing test which has been applied in election cases before this Court.


Do state election laws that restrict the voters a party may invite to vote in its primary election violate the First Amendment rights to freedom of expression and association?

Clingman v. Beaver

January 19, 2005

Holding: reversed and remanded
Decision: Decision: 6 votes for Clingman, 3 vote(s) against
Vote: 7-2

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Clingman v. Beaver
Case Documents

1Opinion in Clingman v. Beaver
2Slip Opinion in Clingman v. Beaver
3Opinion in Clingman v. Beaver
Additional documents for this case are pending review.