Designation on Ballot of Candidates of Communist Party

CREAMER, Attorney General,

*2You have asked our opinion on the question of whether you should certify as candidates for President, Vice-President, Congressman, and Presidential electors in the general election to be held on November 7, 1972, persons who describe themselves as representing the “Communist Party or policy” on nomination papers filed with you.1

When we received your request originally in March, 1972, we concluded that Federal law2 superseded State law3 in the area of control and regulation of Communist and subversive activities, based on Pennsylvania v. Nelson, 350 U.S. 497 (1956).…