Skafte v. Rorex

Procedure

Boulder County District Court: upheld statutory provisions. Registrar relies on Section 2 of the 14th amendment claiming that a school election is a "special interest" election and therefore the citizenship requirement for general elections does not apply.

Holding

Constitutional. State's citizenship requirements for a school district election do not contravene the Equal Protection Clause of the 14th amendment. The state has a rational interest in limiting participation in government to those persons within the political community. Aliens are not a part of the political community.

Source of Law

Equal Protection Clause of the 14th amendment.

Opinion

Permanent aliens do not have the right to vote in school or general elections and it does not violate the Equal Protection Clause of the 14th amendment.

Facts

Peter Skafte, a permanent resident alien filed a suit in Boulder County District Court seeking a declaratory judgment that the Colorado statues which deny aliens the right to vote in school elections are unconstitutional. The appellant claimed that such a limitation violates the Equal Protection Clause and Due Process Clause of the 14th amendment, and the Supremacy Clause of Article VI of the US Constitution.

Issues

The applicability of the Equal Protection Clause. Is not allowing a permanent resident alien to vote in school elections unconstitutional? What is the governments reasoning and advantage in not allowing them to do so?

Judgment

Upheld.