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CONSTITUTION PARTY OF PENNSYLVANIA v. AICHELE

No. 13-1952.

757 F.3d 347 (2014)

The CONSTITUTION PARTY OF PENNSYLVANIA; The Green Party of Pennsylvania; The Libertarian Party of Pennsylvania; Joe Murphy; James N. Clymer; Carl J. Romanelli; Thomas Robert Stevens; Ken Krawchuk, Appellants v. Carol AICHELE; Jonathan M. Marks; Attorney General Pennsylvania. Carol Sides; Richard J. Tems; Louis Nudi; Damon Kegerise; Anne Layng; Judith Guise, (Intervenor-Defendants).

United States Court of Appeals, Third Circuit.

Filed: July 9, 2014.

Attorney(s) appearing for the Case

Oliver B. Hall , [Argued], Center for Competitive Democracy, Washington, DC, for Appellants.

Sean A. Kirkpatrick , Sarah C. Yerger , Office of Attorney General of Pennsylvania, Harrisburg, PA, Claudia M. Tesoro , [Argued], Office of Attorney General of Pennsylvania, Philadelphia, PA, for Appellees, Carol Aichele, Jonathan M. Marks, Attorney General Pennsylvania.

Before: AMBRO, JORDAN and ROTH, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

The Appellants, political groups in Pennsylvania and several of their supporters, have invoked 42 U.S.C. § 1983 to challenge the constitutionality of two provisions of Pennsylvania's election code that regulate ballot access, namely title 25, sections 2911(b) and 2937 of Pennsylvania's Consolidated Statutes. Section 2911(b) and a similar section, § 2872.2(a), require that candidates seeking to be included...

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