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ANDERSON v. MORRIS

No. 80-1534.

636 F.2d 55 (1980)

John B. ANDERSON; D. A. Bert Booth; Kevin P. McCleaf; Gerald M. Eisenstat, Appellees, v. Willard A. MORRIS, in his official capacity as State Administrator of the Election Laws, State Administrative Board of Election Laws; Theodore N. Clark, in his official capacity as Chairman of the State Administrative Board of Election Laws; James W. Johnson, in his official capacity as Vice-Chairman of the State Administrative Board of Election Laws; Reginald A. Aspen, in his official capacity as a member of the State Administrative Board of Election Laws; Karen Lancaster, in her official capacity as a member of the State Administrative Board of Election Laws; Sylvia Raphael, in her official capacity as a member of the State Administrative Board of Election Laws; State Administrative Board of Election Laws, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1980.

Attorney(s) appearing for the Case

Robert A. Zarnoch, Diana G. Motz, Asst. Attys. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen. of Md., George A. Nilson, Deputy Atty. Gen., Baltimore, Md., on brief), for appellants.

George T. Frampton, Jr., Washington, D.C. (Mitchell Rogovin, Ellen S. Semonoff, Rogovin, Stern & Huge, Washington, D.C., Henry R. Lord, Michael C. Powell, Thomas J. Gisriel, Piper & Marbury Baltimore, Md., on brief), for appellees.

Before HAYNSWORTH, C. J., and WINTER and PHILLIPS, Circuit Judges.

PER CURIAM:

At the instance of presidential candidate John B. Anderson and various of his supporters, the district court ruled that Maryland's filing deadline for candidates for the presidency of the United States who seek nomination by petition was unconstitutional. Accordingly, it ordered Maryland election officials to place Mr. Anderson's name on the general election ballot as an independent candidate if, on or before August 4, 1980, the petition for his nomination...

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