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LIBERTARIAN PARTY OF ALA. v. WALLACE

Civ. A. No. 83-T-1040-N.

586 F.Supp. 399 (1984)

The LIBERTARIAN PARTY OF ALABAMA; S.D. Yana Davis; Lanier Davis; David Bergland; Timothy Gatewood; and Stephen Smith, Plaintiffs, v. George C. WALLACE, Governor of the State of Alabama; Charles Graddick, Attorney General for the State of Alabama; and Don Siegelman, Secretary of State for the State of Alabama, Defendants.

United States District Court, M.D. Alabama, N.D.

April 12, 1984.

Attorney(s) appearing for the Case

Stephen R. Fielder, Terra Alta, W.Va., and John V. Denson, Samford, Denson, Horsley, Pettey, Martin & Barrett, Opelika, Ala., for plaintiffs.

Linda Breland, Asst. Atty. Gen., Montgomery, Ala., for Wallace & Graddick.

Charles Redding Pitt, Montgomery, Ala., for Don Siegleman.

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

The issue before the court on countermotions for summary judgment is whether Alabama's "level of support requirements" unconstitutionally restrict the access of minor political parties to the electoral ballot. For reasons which follow, the court holds that they do not.

I.

On May 4, 1982, Alabama enacted a new ballot access law: § 17-8-2.1 Ala.Code (Supp.1983). This law, in conjunction...

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