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BURDICK – Appellant
Versus
TAKUSHI, (1992) – Respondent


United States Supreme Court
BURDICK v. TAKUSHI, (1992)
No. 91-535
Argued: March 24, 1992 Decided: June 8, 1992

Petitioner, a registered Honolulu voter, filed suit against respondent state officials, claiming that Hawaiis prohibition on write-in voting violated his rights of expression and association under the First and Fourteenth Amendments. The District Court ultimately granted his motion for summary judgment and injunctive relief, but the Court of Appeals reversed, holding that the prohibition, taken as part of the States comprehensive election scheme, does not impermissibly burden the right to vote.

Held:

Hawaiis prohibition on write-in voting does not unreasonably infringe upon its citizens rights under the First and Fourteenth Amendments. Pp. 432-442.

    (a) Petitioner assumes erroneously that a law that imposes any burden on the right to vote must be subject to strict scrutiny. This Courts cases have applied a more flexible standard: a court considering a state election law challenge must weigh the character and magnitude of the asserted injury to the First and Fourteenth Amendment rights that the plaintiff seeks to vindicate against the precise interests put







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