Nixon v. Herndon
273 U.S. 536 (1927)

Annotate this Case

U.S. Supreme Court

Nixon v. Herndon, 273 U.S. 536 (1927)

Nixon v. Herndon

No. 117

Argued January 4, 1927

Decided March 7, 1927

273 U.S. 536

Syllabus

1. An action for damages may be maintained against judge of election for unlawfully denying to a qualified voter the right to vote at a state primary election. P. 273 U. S. 540.

2. A State statute (Texas, 1923, Art. 309a) barring negroes from participation in Democratic party primary elections held in the State for the nomination of candidates for senator and representatives in Congress, and state and other offices, violates the Fourteenth Amendment. P. 273 U. S. 540.

Reversed.

ERROR to a judgment of the District Court which dismissed an action for damages brought by a negro against judges of election in Texas, based on their refusal to permit the plaintiff to vote at a primary election.

Page 273 U. S. 539

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