Maddox v. Wrightson, Civ. A. No. 76-320.

• Decision Date: 07 October 1976
• Docket Number: Civ. A. No. 76-320.
• Citation: 421 F. Supp. 1249
• Court: U.S. District Court — District of Delaware
• Parties: Lester G. MADDOX et al., Plaintiffs, v. Lewis C. WRIGHTSON, Election Commissioner of the State of Delaware, Defendant.

421 F. Supp. 1249

Lester G. MADDOX et al., Plaintiffs, v. Lewis C. WRIGHTSON, Election Commissioner of the State of Delaware, Defendant.

Civ. A. No. 76-320.

United States District Court, D. Delaware.

October 7, 1976.

Patrick Scanlon, Dover, Del., for plaintiffs.

A. Gary Wilson, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendant.

MEMORANDUM OPINION

LATCHUM, Chief Judge.

Plaintiffs Lester G. Maddox and William D. Dyke aspire to become President and Vice-President of the United States respectively. Plaintiffs Alice M. DeLude, Lucella Jones and Arthur McKinney seek to become presidential electors from the State of Delaware committed to vote for Maddox and Dyke. Plaintiff Clarence McKinney, a registered Delaware voter, desires to vote for and encourage others to vote for Maddox and Dyke. Collectively, they brought this action¹ on September 28, 1976 to secure a place on the Delaware ballot for Maddox, Dyke and the presidential electors in the upcoming general election on November 2, 1976. Due to the severe time limitations imposed by the impending election, the parties agreed to treat the preliminary injunction hearing held on October 4, 1976 as a trial on the merits. At the close of trial, the Court denied the relief sought by plaintiffs and promised that it would promptly issue written findings of fact and conclusions of law. This memorandum opinion fulfills that promise in accordance with Rule 52(a), F.R.Civ.P.

The success of plaintiffs' efforts to obtain a ballot position in Delaware turns on the resolution of two issues. The first issue requires the Court to determine whether Maddox and Dyke are truly independent candidates or whether they are nominees of a party which failed to qualify for a place on the ballot under the Delaware election laws. The second issue for decision is whether the doctrine of laches bars equitable relief.

With respect to the first issue, this Court in McCarthy v. Tribbitt, 421 F.Supp. 1193 (D.Del.1976) and McInerney v. Wrightson, 421 F.Supp. 726 (D.Del.1976) held that Delaware's election laws, 15 Del.C. § 101 et seq., as amended by Senate Bill No. 555 (signed by the Governor on June 7, 1976), were unconstitutional to the extent that they did not provide a means of ballot access to a truly independent candidate, that is, a candidate who was clearly unaffiliated with a political party. It must be emphasized that the regulations² imposed by Delaware laws upon candidates of political parties seeking to obtain a ballot position were not invalidated, and, further, it is clear that Delaware's restrictions on ballot access by party nominees are consistent with Lubin v. Panish, 415 U.S. 709, 718, 94 S.Ct. 1315, 39 L.Ed.2d 702 (1974); Storer v. Brown, 415 U.S. 724, 94 S.Ct. 1274, 39 L.Ed.2d 714 (1974) and American Party of Texas v. White, 415 U.S. 767, 94 S.Ct. 1296, 39 L.Ed.2d 744 (1974).

The record is clear that neither Maddox and Dyke nor the party they represent have complied with the requirements of Delaware law. This failure is conceded, but plaintiffs maintain that Maddox and Dyke are independent candidates. The Court is unable to agree with this characterization and concludes that Maddox and Dyke are candidates of a political organization which failed to comply with the valid requirements of Delaware law applicable to their party. To slip through the gap in the Delaware election law found by McCarthy and McInerney, the putative independent candidate must show that he is not the candidate in this state of any political party.

A cursory review of the activities of plaintiffs Maddox and Dyke and their Delaware supporters refutes any claim of true independence or lack of party affiliation. The plaintiffs, excluding Maddox and Dyke, are active members of the Independent Party of Delaware which held a state convention in the spring of 1976,³ nominated candidates for statewide offices in Delaware,⁴ and elected delegates to attend the national convention of the American Independent Party.⁵ The American Independent Party is a national political organization consisting of closely allied state organizations; the Independent Party of Delaware is its Delaware affiliate.⁶ Plaintiffs Maddox and Dyke were nominated at the national convention of the American Independent Party as that party's candidates for President and Vice-President.⁷ Shortly thereafter, the Independent Party of Delaware informed the defendant Election Commissioner that its candidates for President and Vice-President were plaintiffs Maddox and Dyke.⁸ In early September, 1976, the Independent Party of Delaware initiated litigation in the Superior Court of the State of Delaware in an effort to secure a place on the November ballot and to qualify as a political party.⁹ After this effort failed,¹⁰ plaintiffs Maddox and Dyke sought to qualify for the Delaware ballot as "individual" candidates. However, the letterhead of their application belied their attempt to be classified as "independent" for it read in part "American Independent Party."¹¹

Thus, this Court finds that plaintiffs Maddox and Dyke are not truly independent candidates but are the nominees of a political organization which failed to comply with the reasonable and valid ballot access requirements of Delaware law. Accordingly, the defendant Election Commissioner did not act in violation of the Constitution when he rejected the plaintiff candidates' application for a place on the ballot.

However, even if it were assumed, contrary to the Court's finding, that plaintiffs Maddox and Dyke are truly independent candidates, the extraordinary relief requested would be barred by laches. Laches, a reflection of the maxim "equity aids the vigilant," arises when there has been an unwarranted delay which would work a hardship or disadvantage to another.

The plaintiffs apparently made no effort to qualify their party for ballot status under the applicable Delaware laws. Plaintiffs filed this suit a mere five weeks before the election although they were aware of ballot access difficulties at least seven weeks before this suit was filed.¹² In the meantime, the last column on voting machines in the City of Wilmington has been occupied and the time available for election officials to complete their election preparations has been shrinking steadily. The Court concludes that requiring the defendants to place plaintiffs Maddox and Dyke on the Delaware ballot would risk substantial disruption of the electoral process. Discretionary relief from a court of equity cannot be expected if it could jeopardize one of the most cherished rights of a free people — the right to vote.

The testimony of the defendant State Election Commissioner and Directors of County Election Departments indicated that the election officials, already working seven day weeks, are operating on a very tight schedule as they ready their system for the impending election. Last minute voter registration, processing of many absentee ballot requests, supervising the printing of voting machine ballots, sample ballots, tally sheets, and instruction sheets, instruction classes for election judges and clerks,¹³ final preparation of voter lists and signature cards, and distribution of voting machines and supplies remain to be accomplished before November 2, 1976.

Even though plaintiffs have expressed a willingness to accept less than complete relief, printing changes, recalibration of voting machines, and pasting labels on the remaining absentee ballots...