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PATRIOT PARTY OF PENNSYLVANIA v. MITCHELL

No. 93-2257.

826 F.Supp. 926 (1993)

The PATRIOT PARTY OF PENNSYLVANIA and Robert B. Surrick v. Brenda MITCHELL, Secretary of the Commonwealth of Pennsylvania; William P. BOEHM, Commissioner of the Bureau of Commissions, Elections, and Legislation.

United States District Court, E.D. Pennsylvania.

As Amended August 30, 1993.

Attorney(s) appearing for the Case

Kenneth William Richmond, Rosengarten & Richmond, Philadelphia, PA, Donald B. McCoy, Holland, PA, Jay Bagdis, Blue Bell, PA, George L. Kelley, Philadelphia, PA, for plaintiffs.

Kate L. Mershimer, Office of Atty. Gen., Harrisburg, PA, for defendants.

OPINION

CAHN, Chief Judge.

This is a case that focuses on the tension between the requirements of a state's ballot access laws and the constitutional rights of a minor political party and its candidates. The state legislature, which enacts the ballot access laws, is comprised primarily of major party politicians. The tension exists because these laws may become so restrictive and burdensome that they impinge upon a minor party's or candidate's rights under...

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