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LIBERTARIAN PARTY OF NORTH DAKOTA v. JAEGER

No. 10-3212.

659 F.3d 687 (2011)

LIBERTARIAN PARTY OF NORTH DAKOTA; Richard Ames; Thommy Passa; Anthony Stewart, Appellants, v. Alvin JAEGER, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 17, 2011.

Attorney(s) appearing for the Case

Oliver Barrett Hall, argued, Washington, DC, for appellant.

Douglas Alan Bahr, Solicitor General, Attorney General Office, argued, Bismarck, ND, for appellee.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

BYE, Circuit Judge.

The Libertarian Party of North Dakota and three party candidates from the 2010 North Dakota state elections challenge the constitutionality of North Dakota Century Code § 16.1-11-36. The party and candidates contend this statute as applied to them violates the First and Fourteenth Amendment and the Equal Protection Clause because it prevented the candidates' names from appearing on the 2010 general election ballot despite their winning the...

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