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SOCIALIST WORKERS PARTY v. HECHLER

Civ. A. No. 2:88-0499.

696 F.Supp. 190 (1988)

SOCIALIST WORKERS PARTY, George Richard McBride, James Kenneth Gotesky, Elvena Elizabeth Brady, Cleve Andrew Pully, and Toba Leah Singer, Plaintiffs, v. Ken HECHLER, in his official capacities as Secretary of State of West Virginia and Member, State Election Commission Office of Secretary of State; Allan Hammock, in his official capacity as Member, State Election Commission Office of Secretary of State; Barbara Ruley, in her official capacity as Member, State Election Commission Office of Secretary of State; Ben Bryant, in his official capacity as Member, State Election Commission Office of Secretary of State; and Perry Reed, in his official capacity as Member, State Election Commission Office of Secretary of State, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

September 13, 1988.

Attorney(s) appearing for the Case

Stephen R. Fielder, Shepherdstown, W. Va., Clinton W. Smith, Charleston, W. Va., for plaintiffs.

Robert E. Wilkinson, Sp. Asst. Atty. Gen., Charleston, W. Va., for defendants.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the cross motions for summary judgment filed by defendants Ken Hechler, Allan Hammock, Barbara Ruley, Ben Bryant and Perry Reed, and by the plaintiffs Socialist Workers Party, George Richard McBride, James Kenneth Gotesky, Elvena Elizabeth Brady, Cleve Andrew Pully and Toba Leah Singer.

1. Background

On April 13, 1988, plaintiffs filed a complaint against...

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