PEOPLE'S PARTY v. TUCKER

Civ. A. No. 72-102.

347 F.Supp. 1 (1972)

PEOPLE'S PARTY et al., Plaintiffs, v. C. Dolores TUCKER, Secretary of the Commonwealth of Pennsylvania, Defendant.

United States District Court, M. D. Pennsylvania.

June 7, 1972.


Attorney(s) appearing for the Case

A. Harry Levitan, Harry Lore, Philadelphia, Pa., for plaintiffs.

Thomas J. Oravetz, Deputy Atty. Gen., J. Shane Creamer, Atty. Gen., Harrisburg, Pa., for defendant.

Before ADAMS, Circuit Judge, and NEALON and MUIR, District Judges.


OPINION OF THE COURT

MUIR, District Judge.

The question in this case is whether the Pennsylvania Election Code violates the federal constitution. We conclude that it does.

The specific portions of the code which are attacked are those which require political bodies to secure a substantial number of signatures to nominating papers during a three-week period in the winter in order to have the names of their candidates appear on the fall ballot. A political...

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