Chote

(dissenting) :

In Bullock v. Carter, 405 U.S. 134 , 92 S.Ct. 849 , 31 L.Ed.2d 92 (1972), the United States Supreme Court in discussing such a question in reference to filing fees in Texas said: “It must be emphasized that nothing herein is intended to cast doubt on the validity of reasonable candidate filing fees or licensing fees in other contexts.” It has not been shown in this case that the filing fee complained of is not reasonable.

Accordingly, applicant’s request for injunctive relief and a declaration that Sections 6552 and 6553 are unconstitutional should be denied.

MEMORANDUM OF DECISION

Plaintiff alleges in effect that he has been advised by the Registrar of Voters *1354 of Santa Clara County that a fee of $425 must be paid in advance to entitle plaintiff to a place on the ballot for the June 6th primary election for the office of Representative to Congress from the 17th District; that plaintiff is financially unable to pay that fee and that March 10th is the closing date for filing.

California Elections Code, Section 6552 provides that the fee payable to the Secretary of State for filing a declaration of candidacy for the office of Representative in Congress shall be one percent (1%) of the first year’s salary for that office, i. e., $425.

Section 6553 provides that the filing fee required to be paid to the Secretary of State shall be paid to the County Clerk at the time the forms for nomination are obtained; that the County Clerk shall not accept any papers unless the fees are paid at the time; that the County Clerk shall transmit the fees to the Secretary of State at the time he delivers the declaration of filing.

Plaintiff, contending that these statutes are unconstitutional and in violation of the equal protection clause of the…