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BELITSKUS v. PIZZINGRILLI

No. 3:CV-00-1300.

243 F.Supp.2d 179 (2003)

William M. BELITSKUS, Anne Goeke, Thomas Alan Linzey, Barbara Knox, John Stith, Eric Prindle, Jennaro Pullano, Ralph Nader, Nader 2000 Primary Committee, Pennsylvania Green Party, and Will Donovan III, Plaintiffs, v. Kim PIZZINGRILLI, in her official capacity as Secretary of State of Pennsylvania, and Richard Filling, in his official capacity as the Commissioner overseeing Pennsylvania's Bureau of Commissions, Elections and Legislation, Defendants.

United States District Court, M.D. Pennsylvania.

August 20, 2001.

Attorney(s) appearing for the Case

John C. Bonifaz, David Kairys, Gregory G. Luke, Bonita P. Tenneriello, Brenda Wright, Nat. Voting Rights Institute, Boston, MA, Jordan B. Yeager, Boockvar & Yeager, Bethlehem, PA, for plaintiffs.

Gregory R. Neuhauser, Office of Atty. Gen., Harrisburg, PA, for defendant.

MEMORANDUM

CAPUTO, District Judge.

This case requires the court to determine whether a provision of the Pennsylvania Election Code providing for a mandatory filing fee is constitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The court holds that, as applied to candidates such as Plaintiff John Stith who are unable to pay the filing fee, the Pennsylvania law violates the Equal Protection Clause...

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