The judgment of the District Court, entered September 7, 2011, is hereby reversed. The District Court, inter alia, incorrectly applied a rational basis standard of review of this as-applied challenge, rather than the stricter compelling state interest standard. See Wellford v. Battaglia, 343 F.Supp. 143 (D. Del. 1972), aff’d,485 F.2d 1151 (3d Cir. 1973). The State has failed to demonstrate a compelling state interest in the application of this durational residency requirement to this particular candidate. Accordingly, it is hereby ordered that the ballots at issue in this appeal include the name of Appellant. Opinion of the Court to follow.
By the Court,
/s/ Thomas L. Ambro
* Judge Scirica dissents.
Dated: September 13, 2011
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