Facts of the case In 1972, the Communist Party of Indiana, a new political party, wished to place its candidates for President and Vice President of the United States on the ballot. The Indiana State Election Board rejected its application to do so until the officers of the party had filed an affidavit stating that the party did not advocate the overthrow of local, state, or national government by force or violence. The Communist Party of Indiana sued State Election Board and its members and sought an injunction that would require the Board to place the candidates on the ballot.