OCTOBER TERM, 1975
Per Curiam
424 U. S.
The choice to limit matching funds to candidates running
in primaries may reflect that concern about large private
contributions to candidates centered on primary races
and that there is no historical evidence of similar abuses
involving contributions to candidates who engage in petition drives to qualify for state ballots. Moreover,
assistance to candidates and nonmajor parties forced to
resort to petition drives to gain ballot access implicates
the policies against fostering frivolous candidacies, creating a system of splintered parties, and encouraging
unrestrained factionalism.
The eligibility requirements in Chapter 96 are surely
not an unreasonable way to measure popular support for
a candidate, accomplishing the objective of limiting subsidization to those candidates with a substantial chance of
being nominated. Counting only the first $250 of each
contribution for eligibility purposes requires candidates
to solicit smaller contributions from numerous people.
Requiring the money to come from citizens of a minimum number of States eliminates candidates whose appeal is limited geographically; a President is elected not
by popular vote, but by winning the popular vote in
enough States to have a majority in the Electoral
College. 14
candidates primarily claims invidious discrimination and hence presents Fifth Amendment questions, though with First Amendment
overtones, as in Katzenbach v. Morgan.
144 Appellants
contend that the 20-state requirement directly
conflicts with Moore v. Ogilvie, 394 U. S. 814 (1969), but that case
is distinguishable. Only 7% of the Illinois voters could have blocked
a candidate from qualifying for the ballot, even though the statewide
elections were decided by straight majority vote. The clear purpose
was to keep any person from being nominated without support in
downstate counties making up only 7% of the vote, but those same
voters could not come close to defeating a candidate in the general
election. There is no similar restriction here on the opportunity to
vote for any candidate, and the 20-state requirement is not an
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