the students at Penn State from exercising their right to vote. Furthermore, even if such policy were to be uniformly applied, it does not survive the test of reasonableness and operates as a chilling effect on First Amendment rights.
CONCLUSIONS OF LAW
1. Jurisdiction is properly asserted in this matter under 28 U.S.C. § 1343(3) for rights established by 42 U.S.C. §§ 1971, 1973 and 1983 and the Fourteenth and Twenty-sixth Amendments of the United States Constitution.
2. The requested class consisting of all voting age students who wish to register to vote in Centre County, Pennsylvania, is a proper class under Rule 23(b)(2), Fed.R.Civ.P.
3. The requirement that members of the class meet a more stringent test of residency than other voter registration applicants is unjustifiable and violates the equal protection clause of the Fourteenth Amendment.
4. The policy change initiated by the Centre County Commissioners in 1970 of placing an additional burden of proof of domicile on new residents, which formerly was not required of old residents, is unreasonable and discriminates against the former in violation of the equal protection clause of the Fourteenth Amendment.
5. Even if the registration policy of the Centre County Commissioners were applied uniformly, it does not survive the test of reasonableness and operates as a chilling effect on First Amendment rights.
It appearing to the Court that the policy followed by the Centre County Commissioners in determining the residency of applicants for registration is constitutionally and legally impermissible, it is ordered that the defendants, Commissioners of Centre County, their successors, agents, employees, and all persons in active concert or participation with them are enjoined.
(a) from pursuing a policy of refusing to register any applicant who does not possess a Pennsylvania driver's license containing a Centre County address;