CONSTITUTION PARTY OF SOUTH DAKOTA v. NELSON

No. 10-2910.

639 F.3d 417 (2011)

CONSTITUTION PARTY OF SOUTH DAKOTA; Joy Howe; Marvin Meyer; Mark Pickens, Appellants, v. Chris NELSON, in his official capacity as Secretary of State of South Dakota, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 4, 2011.


Attorney(s) appearing for the Case

Robert E. Barnes , argued, Daniel J. Treuden , on the brief, Milwaukee, WI, for appellant.

Richard Marshall Williams , AAG, argued, Pierre, SD, for appellee.

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.


ARNOLD, Circuit Judge.

The Constitution Party of South Dakota, Joy Howe, Marvin Meyer, and Mark Pickens brought an action against Chris Nelson, in his official capacity as Secretary of State of South Dakota, claiming violations of the First and Fourteenth Amendments. The plaintiffs' claims relate to the Constitution Party's efforts to place a candidate for governor on the 2010 ballot in South Dakota and challenge the constitutionality of two statutory provisions related...

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