Opinion · Court of Appeals for the Third Circuit
Beverly R. Wellford v. Basil R. Battaglia, in His Capacity as Chairman of the Republican City Committee Appeal of Joseph S. Yucht
485 F.2d 1151
- Type
- Opinion
- Court
- Court of Appeals for the Third Circuit
- Jurisdiction
- Federal
- Date
- 1973-09-21
- Topic
- general
How later courts describe this case
- 7 San Francisco L. Rev. at 511, n. 11
- seven-year durational residency requirement for state senator
- five-year residency requirement to run for mayor
Citator
UpLaw has not yet analyzed Beverly R. Wellford v. Basil R. Battaglia, in His Capacity as Chairman of the Republican City Committee Appeal of Joseph S. Yucht. The absence of a flag is not a finding that it is good law.
- Cited by
- 30 opinions
WELLFORD v. BATTAGLIA,485 F.2d 1151(3rd Cir. 1973)
BEVERLY R. WELLFORD v. BASIL R. BATTAGLIA, IN HIS CAPACITY AS CHAIRMAN OF
THE REPUBLICAN CITY COMMITTEE, ET AL.
APPEAL OF JOSEPH S. YUCHT ET AL.
No. 72-1652.
United States Court of Appeals, Third Circuit.
Submitted Under Third Circuit Rule 12(6) July 3, 1973.
Resubmitted Under Third Circuit Rule 12(6) September 4, 1973.
Decided September 21, 1973.
R. Franklin Balotti, Richards, Layton Finger, Wilmington, Del., for appellee.
[1] Submitted Under Third Circuit Rule 12(6) July 3, 1973
Before GIBBONS and HUNTER, Circuit Judges.
[2] Resubmitted Under Third Circuit Rule 12(6) Sept. 4, 1973
Before VAN DUSEN, GIBBONS and HUNTER, Circuit Judges.Page 1152
[3] OPINION OF THE COURT
[5] The Supreme Court held in Turner v. Fouche,396 U.S. 346, 362, 90 S.Ct. 532, 24 L.Ed.2d 567 (1970), that while the Federal Constitution does not guarantee the right to hold public office, the equal protection clause of the fourteenth amendment does guarantee the right to be considered for such office without the burden of invidious discriminatory disqualifications. In that case the Court did not have to decide whether the real property ownership disqualification should be judged by the "compelling state interest" standard or the more flexible "rational basis" standard, for it could find no rational connection between school board membership and real property ownership. The district court could not find, nor can we, that there is no rational relationship between residence in Wilmington and the office of mayor. It found, however, that judged by the "compelling state interest" test the five-year requirement went far beyond what is reasonably required to achieve the state's objectives. Assuming the applicability of the higher standard, we agree that a residency requirement of five years duration has not been justified.
[6] The district court concluded that the charter provision must be judged by the stricter standard because it interfered with two rights which the Supreme Court has held to be fundamental. The court concluded that the exclusion of certain candidates by virtue of a five-year residency requirement interfered with the right to vote of citizens of Wilmington.SeeBullock v. Carter,405 U.S. 134, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972). It also concluded that the five-year residency requirement interfered with the potential candidate's right to travel.SeeDunn v. Blumstein,405 U.S. 330, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972). We agree that both rights are affected, that both have been held by the Supreme Court to be fundamental, and that the Court has required that state laws limiting them be judged by the "compelling state interest" standard.2
[7] The judgment of the district court will be affirmed.Page 1157
- The appellants are members of the Board of Elections and Department of Elections of New Castle County, Delaware. An additional defendant, not an appellant, is the Chairman of the Wilmington Republican City Committee. ↩
- The facts of this case, including the length of the disqualification and the limited territory of the unit of government, distinguish it from Walker v. Yucht,352 F. Supp. 85(D.Del. 1972). ↩