Stanford E. Andress v. Ann Reed, Acting for the State of California

FACTS

Stanford E. Andress (Andress), the appellant, brought this action against the State of California and Ann Reed (Reed), the county clerk and voter registrar for Shasta County, California. Andress alleged his civil rights were violated when Reed denied him certification on the ballot for the office of U.S. Senator from California on the Democratic ticket because he could not afford to pay the $1502 filing fee. In her answer, Reed alleged the affirmative defense that Andress had failed to pursue the statutory alternative provided by California Elections Code § 6555 (West 1977 & Supp.1988) of submitting 10,000 signatures in lieu of paying the filing fee. The parties filed cross motions for summary judgment.

The district court granted Reed’s motion for summary judgment and denied An-dress’s motion. It found legal precedent upholding as reasonable and constitutional California’s requirement of 10,000 signatures in lieu of paying a filing fee. On a motion for reconsideration, the court rejected Andress’s argument that since signature-gatherers would have to be paid the minimum wage, the requirement that 10,-000 signatures be obtained is even more expensive than paying the $1502…