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LIBERTARIAN PARTY OF VA. v. DAVIS

No. 84-2071.

766 F.2d 865 (1985)

LIBERTARIAN PARTY OF VIRGINIA; Marguerite Wagner; Dallas Cooley, M.D.; Henry Thrasher; Scott Bowden; Jim Elwood; Alvin Anders, Appellants, v. Earl DAVIS, Chairman State Board of Elections; A. George Cook, 3rd Vice Chairman, State Board of Elections; Susan Fitz-Hugh, Secretary State Board of Elections, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1985.

Rehearing and Rehearing Denied August 8, 1985.

Attorney(s) appearing for the Case

James J. Featherstone, Washington, D.C. (Santarelli & Bond; Richard E. Gardiner, Washington, D.C., on brief), for appellants.

William J. Bridge, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen., Richmond, Va., on brief), for appellees.

Before RUSSELL and SPROUSE, Circuit Judges, and KNAPP, Senior United States District Judge, for the Southern District of West Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied August 8, 1985.

SPROUSE, Circuit Judge:

Under Virginia election laws, a political organization not qualifying as a "political party" must petition to secure a place on the Virginia ballot for its presidential and vice-presidential nominees. The petition must be signed by one-half of one percent of all registered voters, including at least two hundred voters from each congressional district, and each signature must be...

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