Arutunoff v. Oklahoma State Election Board

I am unable to concur in the majority opinion for the reasons set out below.

The challenged statutes, which took effect in 1975, substantially restrict the ability of a minority party to gain recognized status. Recognition is a legal prerequisite to a party’s ability to place candidates on the ballot for state elections. Prior to 1975, Oklahoma required a new political party to submit a petition containing the names of 5,000 voters in order to field candidates for office. Okla.Stat. tit. 26, § 229 (1971), repealed by 1974 Okla.Sess.Laws eh. 153, § 17-114. Under the new law, the party must…