A state law requires all candidates for state office to have resided in the state for at least ten years immediately preceding the election. The state justifies this requirement by arguing it ensures candidates are familiar with state issues and have a vested interest in the community. A prospective candidate who has resided in the state for eight years challenges the law. What standard of review should the court apply?
- ARational basis review, because residency is not a suspect classification.
- BUndue burden standard, as it makes it more difficult for some to run for office.
- CIntermediate scrutiny, because the law affects a significant, but not fundamental, right.
- DStrict scrutiny, because the law infringes upon the fundamental right to travel and the right to vote/run for office.
Show answer & explanationAnswer & explanation
Correct answer: D. Strict scrutiny, because the law infringes upon the fundamental right to travel and the right to vote/run for office.
This question involves a durational residency requirement for candidates, which implicates the fundamental rights to travel and to vote/run for office. Any law that infringes upon a fundamental right is subject to strict scrutiny. The state must demonstrate that the law is necessary to achieve a compelling governmental interest and is narrowly tailored. While states have an interest in ensuring qualified candidates, a ten-year durational residency requirement is rarely, if ever, considered narrowly tailored and is usually struck down under strict scrutiny.
Why the other options are wrong
- A. Residency itself isn't a suspect class, but durational residency requirements burden fundamental rights, triggering strict scrutiny.
- B. The undue burden standard is primarily used in abortion cases; it is not the general standard for fundamental rights outside that context.
- C. Intermediate scrutiny is for quasi-suspect classes or important, but not fundamental, rights. Running for office and the right to travel are fundamental.
Durational Residency Requirements (Candidates)
State laws requiring candidates to reside in the state for a specified period, typically subject to strict scrutiny.
- Implicates fundamental rights to travel and to vote/run for office.
- Subject to strict scrutiny.
- Must be necessary to achieve a compelling government interest and narrowly tailored.
Memory trick: Fundamental Rights Need Strict Scrutiny, No Exceptions.