A decision by the highest court of Maryland upholding the
validity of a Maryland law, construed as requiring that, in order
for a candidate for public office in that State to obtain a place
on the ballot, he must make oath that he is not engaged "in one way
or another in the attempt to overthrow the government by force or
violence," and that he is not knowingly a member of an organization
engaged in such an attempt, is here affirmed on the understanding
that an affidavit in those terms fully satisfies the requirement.
Pp. 341 U. S.
___ Md., ___ 78 A.2d 660, affirmed.
This is an appeal from a decision of the Court of Appeals of the
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 refused to file an affidavit required by state
law. Md.Laws 1949, c. 86, § 15, 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
Page 341 U. S. 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. 76 A.2d at 338. At the bar of this Court, the Attorney
General of the 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
MR. JUSTICE REED concurs in the result.