It is recognized that labor organizations may have a legitimate
institutional interest in prescribing minimum standards for candidacy
and officeholding in the organization. On the other hand, a dominant
purpose of the Act is to ensure the right of members to participate
fully in governing their union and to make its officers responsive to
the members. A basic assumption underlying the concept of ``free and
democratic elections,'' is that voters will exercise common sense and
good judgment in casting their ballots. In union elections as in
political elections, the good judgment of the members in casting their
votes should be the primary determinant of whether a candidate is
qualified to hold office. Therefore, restrictions placed on the right of
members to be candidates must be closely scrutinized to determine
whether they serve union purposes of such importance, in terms of
protecting the union as an institution, as to justify subordinating the
right of the individual member to seek office and the interest of the
membership in a free, democratic choice of leaders.
