US SUPREME COURT DECISIONS

In appellees' action challenging the constitutionality of a Maryland statute requiring an independent candidate for statewide or federal office, in order to qualify for a position on the general election ballot, to file 70 days before the date of party primaries, nominating petitions signed by at least 3% of the State's registered voters, the three-judge District Court was not warranted in holding, on the basis of this Court's summary affirmance in Tucker v. Salera, 424 U.S. 959, that the Maryland statute's early filing deadline was an unconstitutional burden on an independent candidate's access to the ballot. Rather than relying on Salera as controlling precedent, the District Court should have conducted an independent examination of the merits under the constitutional standards set forth in Storer v. Brown, 415 U. S. 724, 415 U. S. 742, for determining the extent of the burden imposed on independent candidates.

Vacated and remanded.