The plaintiff alleged that he was a negro, a citizen of the United States and Texas, a resident of El Paso, and otherwise fully qualified to vote. In a July 26, 1924 Democratic primary election for nominations to federal and state offices, he sought to vote as a member of the Democratic Party. The election judges refused to permit him to vote solely because of a Texas statute providing that in no event shall a negro be eligible to participate in a Democratic party primary election in Texas. He sued the election judges for damages, alleging that the statute violated the Fourteenth and Fifteenth Amendments.
Issue
Whether a damages action against election judges for refusing a qualified black voter the right to vote in a party primary presents a justiciable claim, and whether a Texas statute barring negroes from participating in Democratic primary elections violates the Fourteenth Amendment.
Rule
A suit for private damages based on wrongful denial of a vote is justiciable even when the denial occurs in the course of political action, including a primary election that may determine the final result. Under the Fourteenth Amendment, a state may not by statute discriminate against black citizens on the basis of color alone in access to a primary election of such importance.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
The legislature of Franklin enacted a statute providing that only "white citizens" may vote in the Liberty Party's primary for statewide offices. In Nashville, Jordan Price, a Black citizen who meets every ordinary voting qualification and is a registered Liberty Party member, is turned away by county election judges and sues them for money damages.
How should a court rule on Jordan's federal constitutional claim?
Explanation. The governing rule is that a suit for damages based on wrongful denial of a vote is justiciable even though it arises from political action. The majority also held that a state may not by statute exclude Black citizens from participating in an important primary election on the basis of color alone. No showing that the election result would have changed is required by the opinion. (Derived from Nixon v. Herndon (1927).)