Supreme Court of the United States, 1951

Gerende v. Board of Supervisors of Elections of Baltimore

Supreme Court of the United States · Decided April 30, 1951 · Reed

341 U.S. 56; 71 S. Ct. 565; 95 L. Ed. 2d 745; 1951 U.S. LEXIS 2015 (United States Reports)

Counsel

I. Duke Avnet and William H. Murphy argued the cause for appellant. With them on the brief were Harold Buchman and Mitchell A. Dubow., Hall Hammond, Attorney General of Maryland, and /. Edgar Harvey, Deputy Attorney General, argued the cause and filed a brief for appellees.

Cases that cite this one

61 later published cases cite this decision. The 25 that cite it most often are listed here.

Whitehill v. Elkins (Supreme Court of the United States 1967)
Baggett v. Bullitt (Supreme Court of the United States 1964)
Garner v. Board of Public Works of Los Angeles (Supreme Court of the United States 1951)
Whitehill v. Elkins (District Court, D. Maryland 1966)
Law Students Civil Rights Research Council, Inc. v. Wadmond (District Court, S.D. New York 1969)
Socialist Workers Party v. Martin (District Court, S.D. Texas 1972)
Baggett v. Bullitt (District Court, W.D. Washington 1963)
Speiser v. Randall (Supreme Court of the United States 1958)
First Unitarian Church v. County of Los Angeles (Cal. 1957)
Steinmetz v. California State Board of Education (Cal. 1955)
Wieman v. Updegraff (Supreme Court of the United States 1952)
Bryan v. Austin (District Court, E.D. South Carolina 1957)
Lisker v. Kelley (District Court, M.D. Pennsylvania 1970)
Coe v. Davidson (Cal. Ct. App. 1974)
Crowe v. County of Wayne (Mich. 1961)
George Nieves v. Russell G. Oswald, Commissioner of Correctional Services, Vincent R. Mancusi, Superintendent of Attica Correctional Facility (2d Cir. 1974)
In re Formal Inquiry Concerning Judge Foster (Md. 1974)
Hughes v. Kramer (Wash. 1973)
Snell v. Wyman (District Court, S.D. New York 1968)
Vogel v. County of Los Angeles (Cal. 1967)
Elfbrandt v. Russell (Supreme Court of the United States 1966)
Elfbrandt v. Russell (Ariz. 1963)
Konigsberg v. State Bar of Cal. (Supreme Court of the United States 1961)
Syrek v. California Unemployment Insurance Appeals Board (Cal. 1960)
Barenblatt v. United States (Supreme Court of the United States 1959)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

This is an appeal from a decision of the Court of Appeals of the State of Maryland the effect of which is to deny the appellant a place on the ballot for a municipal election in the City of Baltimore on the ground that she has refuséd to file an affidavit required by state law. Md. Laws 1949, c. 86, § 15. -Md.-, 78 A. 2d 660. The scope of the state law was passed on in Shub v. Simpson, - Md. -, 76 A. 2d 332. We read this decision to hold that to obtain a place on a Maryland ballot a candidate need only make oath that he is not a person who is engaged “in one way or another in the attempt *57 to overthrow the government by force or violence,” and that he is not knowingly a member of an organization engaged in such an attempt. -Md. at-, 76 A. 2d at 338. At the bar of this Court the Attorney General of the State of Maryland declared that he would advise the proper authorities to accept an affidavit in these terms as satisfying in full the statutory requirement. Under these circumstances and with this understanding, the judgment of the Maryland Court of Appeals is

Affirmed.

Mr. Justice Reed concurs in the result.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.