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LIBERTARIAN PARTY OF SOUTH DAKOTA v. KUNDERT

No. CIV. 83-3071.

579 F.Supp. 735 (1984)

LIBERTARIAN PARTY OF SOUTH DAKOTA; Emmett Elrod; Spencer Nesson; and David Bergland, Plaintiffs, v. Alice KUNDERT, Secretary of State, and Mark V. Meierhenry, Attorney General, Defendants.

United States District Court, D. South Dakota, C.D.

January 25, 1984.

Attorney(s) appearing for the Case

Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., Max A. Gors, Gors & Braun, Pierre, S.D., for plaintiffs.

Grant Gormley, Asst. Atty. Gen., Pierre, S.D., for defendants.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Plaintiffs, the Libertarian Party of South Dakota and certain individuals associated with the party, challenge as unconstitutional two provisions of South Dakota's election laws which regulate the manner in which a minority political party may gain access to the primary election ballot in South Dakota. Plaintiffs proceed under 42 U.S.C. § 1983 and this court exercises subject matter jurisdiction under...

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