United States Third Circuit

Summary judgment was properly granted to defendants on constitutional challenges to a Delaware statute authorizing political parties to set any filing fee not exceeding 1% of the total salary for the term of office sought. Because it provides a filing fee exception for indigent candidates, the statute does not violate the Qualifications or Equal Protection Clauses; there is no due process violation.

Appellate Information

• Argued 10/28/2003
• Decided 03/19/2004
• Published 03/19/2004

Judges

• Before SCIRICA, Chief Judge, NYGAARD, and AMBRO, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Leslie G. Bohner,Drinker Biddle & Reath, Philadelphia, Charles H. Wampold, III, (Argued), Drinker, Biddle & Shanley, Princeton, for Appellants., Bonita P. Tenneriello, National Voting Rights Institute, Boston, for Amicus-Appellant.


• For Appellees:
  
• C. Drue Chichi, (Argued), Aleph Ann Woolfold, Department of Justice, Wilmington, for Appellee, The Honorable Frank Calio., Charles J. Durante, (Argued), Connolly, Bove, Lodge & Hutz, Wilmington, for Appellee, Democratic Party DE.