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· 10/28/1980

Harley McLain v. Ben Meier, Secretary of State and Allen Olson, Attorney General

Citations

  • 637 F.2d 1159

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the plaintiff’s challenge to state ballot access and formatting statutes was not moot without requiring proof that the plaintiff intended to seek ballot access in future elections
  • holding that the plaintiff's challenge to state ballot access and formatting statutes was not moot without requiring proof that the plaintiff intended to seek ballot access in future elections
  • concluding that North Dakota’s ballot-order law, which ordered candidates on the ballot based on how many votes their party received in the most recent congressional election, burdened constitutional rights
  • holding that the plaintiff’s challenge to state ballot access and formatting statutes was not moot without requiring proof that the plaintiff intended to seek ballot access in future elections
  • holding deadline for new political parties, which was 90 days before primary election, was “particularly troublesome”
  • holding incumbent-first statute “burdens the fundamental right to vote possessed by supporters of the last-listed candidates, in violation of the fourteenth amendment” and collecting cases

Source: CourtListener parenthetical corpus (CC0).

Judges: Henley, McMILLIAN, Van Pelt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.