In the case of Lubin v. Panish, the U.S. Supreme Court ruled in 1973 that California's requirement for payment of a filing fee to run for public office was unconstitutional as it violated equal protection rights under the Fourteenth Amendment. The plaintiff, Eugene Lubin, sought to run for Los Angeles County Supervisor but could not afford the $701.60 filing fee required by state law and his request to file without paying was denied by defendant Leonard Panish, Registrar-Recorder of LA County. The court held that while states have an interest in regulating elections and ensuring candidates are serious contenders through mechanisms like filing fees, these regulations cannot discriminate against less affluent candidates or infringe upon their right to seek office.

In the case of Lubin v. Panish, Justice William H. Rehnquist dissented from the majority opinion that California's filing fee requirement for independent candidates was unconstitutional. He argued that states have a legitimate interest in regulating elections to prevent frivolous or fraudulent candidacies and maintain an orderly ballot process. According to him, requiring a filing fee is one reasonable way of achieving this goal as it could serve as a deterrent for non-serious candidates who might otherwise clutter up the ballot paper with their names without any real intention or chance of winning office. Furthermore, he contended that there were other avenues available for indigent individuals to participate in politics such as joining established political parties which do not require payment of fees by individual members seeking nomination.