Kramer v. Union School District

In Kramer v. Union School District (1969) 395 U.S. 621, the Supreme Court examined a New York statute which provided that in certain school districts residents of the district, who were otherwise eligible to vote in state and federal elections, were permitted to vote in school district elections only if they (1) owned taxable real property within the district, or (2) were parents of children enrolled in the local schools. Since the classification permitted some resident citizens to participate and excluded others from participation, the court applied the strict scrutiny standard and found the statute invalid. In Kramer the court left open the question whether the state in some circumstances might limit the exercise of the franchise to those "primarily interested in school affairs." The court said, "Assuming, arguendo , that New York legitimately might limit the franchise in these school district elections to those 'primarily interested in school affairs,' close scrutiny of the . . . classifications demonstrates that they do not accomplish this purpose with sufficient precision to justify denying appellant the franchise." ( Kramer v. Union School District, supra , 395 U.S. 621, 632.)