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Burdick v. Takushi | 504 U.S. 428 (1992)
Voting rights, including the right to vote and to associate through voting for political purposes, are fundamental in a democracy. But states may enact some restrictions pursuant to their authority to regulate elections. In Burdick versus Takushi, the United States Supreme Court considered whether a state restriction went too far.
Hawaii’s election laws prohibited write-in votes in both primary and general elections. The state required candidates to participate in the primary election in order to reach the general-election ballot. There were three ways for a candidate to get on the primary ballot, all requiring a candidate to collect signatures and submit nominating papers sixty days before the election date.
Only one candidate ran for state representative in Alan Burdick’s district in the nineteen eighty-six primary. Burdick wanted to write in a protest vote for his preferred candidate, Donald Duck. When he learned write-in votes weren’t permitted, he sued Morris Takushi, Hawaii’s director of elections, in federal district court.
Burdick complained that the write-in ban deprived him of the ability to cast a meaningful vote and discriminated against him based on his vote’s intended message. Hawaii asserted that the ban protected its election process. First, it prevented disruptive write-in campaigns for losing primary candidates in the general election, thereby confining party in-fighting to the primary and allowing voters to focus on genuinely contested races. Additionally, it inhibited party raiding, in which voters from one party vote for write-in candidates on another party’s primary ballot to manipulate the primary’s result.
The district court granted summary judgment for Burdick. The Ninth Circuit reversed. The United States Supreme Court granted cert.
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