Jenness v. Fortson

Under Georgia law a candidate for elective public office who does not enter and win a political party’s primary election can have his name printed on the ballot at the general election only if he has filed a nominating petition signed by at least 5% of the number of registered voters at the last general election for the office in question. Georgia law also provides that a candidate for elective public office must pay a filing fee equal to 5% of the annual salary of the office he is seeking. This litigation arose when the appellants, who were prospective candidates and registered voters, 3…