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COMMUNIST PARTY v. AUSTIN

Civ. A. No. 39798.

362 F.Supp. 27 (1973)

COMMUNIST PARTY et al., Plaintiffs, v. Richard AUSTIN, Individually and as Secretary of State of the State of Michigan; Bernard J. Apol, Individually and as Director of Elections and Secretary of the Board of Canvassers of the State of Michigan, Defendants.

United States District Court, E. D. Michigan, S. D.

July 17, 1973.

Attorney(s) appearing for the Case

Richard Soble, Goodman, Eden, Millender, Goodman & Bedrosian, Detroit, Mich., for plaintiffs.

Charles D. Hackney, Asst. Atty. Gen., Lansing, Mich., for defendants.

Before O'SULLIVAN, Senior Circuit Judge, THORNTON, Senior District Judge, and DeMASCIO, District Judge.

MEMORANDUM AND ORDER

DeMASCIO, District Judge.

The Michigan Election Code grants automatic ballot status to any political party whose "principal candidate" receives 1% of the total vote cast for the successful candidate for the Office of Secretary of State. This provision is set forth in Section 685 of the Michigan Election Code, M.C.L.A. § 168.685 and in pertinent part states:

"No political party...

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