Michael J. Polelle v. Cord Byrd, Florida Secretary of State, et al.

In 1907 Florida instituted its closed-primary system now embodied in Fla. Stat. § 101.021. This was five years after the White Primary was fully established in Florida. Charles D. Farris, The Re-Enfranchisement of Negroes in Florida, 19 THE JOURNAL OF NEGRO HISTORY 2 62-63 (1954). The birth of the Florida closedprimary system was also eighteen years before this Court applied the protections of the First Amendment to the states in Gitlow v. New York, 268 U.S. 652 (1925) The Questions Presented are:

1. Does the Petitioner have standing to sue the Florida Secretary of State in his official capacity as chief election officer of the state for any violation of Petitioner’s rights under the First Amendment and Equal Protection Clause to vote in primary elections to determine candidates for political offices in general elections?

2. Does the Florida closed-primary system violate Petitioner’s rights under the First Amendment and Equal Protection Clause to political free speech and association?