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MINNESOTA MAJORITY v. MANSKY

No. 15-1682, No. 15-1741.

849 F.3d 749 (2017)

MINNESOTA MAJORITY, Plaintiff. Minnesota Voters Alliance; Minnesota Northstar Tea Party Patriots; Election Integrity Watch; Susan Jeffers, individually and as an election judge; Dan McGrath; Andy Cilek, Plaintiffs-Appellants v. Joe MANSKY, in his official capacity as the Elections Manager for Ramsey County; Virginia Gelms, in her individual and official capacity as the Elections Manager for Hennepin County; Mike Freeman, in his official capacity as Hennepin County Attorney; John Choi, in his official capacity as Ramsey County Attorney; Steve Simon, in his official capacity as Secretary of State, Defendants-Appellees. Minnesota Majority, Plaintiff Minnesota Voters Alliance; Minnesota Northstar Tea Party Patriots; Election Integrity Watch; Susan Jeffers, individually and as an election judge; Dan McGrath; Andy Cilek, Plaintiffs-Appellees v. Joe Mansky, in his official capacity as the Elections Manager for Ramsey County; Virginia Gelms, in her individual and official capacity as the Elections Manager for Hennepin County; Mike Freeman, in his official capacity as Hennepin County Attorney; John Choi, in his official capacity as Ramsey County Attorney, Defendants. Steve Simon, in his official capacity as Secretary of State, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross-appellees and appeared on the brief was Erick G. Kaardal , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee/cross-appellant Steve Simon and appellee Joe Mansky was Nathan J. Hartshorn , AAG, of Saint Paul, MN.

Counsel who presented argument on behalf of appellees Mike Freeman , John Choi , and Virginia Gelms was Daniel Patrick Rogan , Sr. Assistant Hennepin County Attorney, of Minneapolis, MN.

The following attorney also appeared on the brief of appellees Virginia Gelms and Michael Freeman ; Beth Ann Stack , Assistant Hennepin County Attorney, of Minneapolis, MN.

The following attorney appeared on the brief of appellees Joe Mansky and John Choi ; Robert B. Roche , Assistant Ramsey County Attorney, of Saint Paul, MN.

The following attorney appeared on the brief of appellee/cross-appellant Steve Simon , Nathan J. Hartshorn , AAG, of Saint Paul, MN.

Before RILEY, Chief Judge, LOKEN and BENTON, Circuit Judges.

Several organizations and individuals sued the Minnesota Secretary of State and Ramsey and Hennepin county election officials, attacking a statute prohibiting the wearing of political insignia at a polling place. This court previously reversed dismissal of these groups' as-applied First Amendment claim. Minnesota...

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