Fishman v. Schaffer

Background

Applicants are two petition circulators (Joelle Fishman and Gagyi) and the Communist Party’s presidential and vice‑presidential candidates, Gus Hall and Jarvis Tyner. They sued Connecticut officials after using the State’s nominating petition process and challenged parts of the law that require a circulator to sign an authenticity statement in person before the town clerk where each signer lives. The complaint was filed on July 2, 1976. A three‑judge District Court dismissed the action on equitable grounds (laches), and the Court of Appeals affirmed without opinion. The applicants then requested an emergency order from Justice Marshall to force the State to place the Communist ticket on the November ballot.

Reasoning

Justice Marshall denied the extraordinary request. He explained that ordering a State to put names on the ballot is a rare remedy and should be used only in critical circumstances. He found the constitutionality of Connecticut’s filing procedures a close and unsettled question, noted that other parties had successfully used the same procedures, and emphasized that applicants delayed in bringing their suit. He also relied on practical concerns: ballots had already been printed and distributed, and a sudden injunction would disrupt the election process.

Real world impact

The denial means the Communist Party’s presidential names were not ordered onto the November ballot at this late stage, and Connecticut’s in‑person circulator and town clerk verification rules remain in effect. The Justice did not resolve the underlying constitutional claim on the merits, so applicants may continue to pursue relief in other courts. The opinion highlights that last‑minute challenges, especially after delay and when ballots are printed, are unlikely to receive emergency relief.