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MINNESOTA FIFTH CONGRESSIONAL DIST. v. STATE

No. 50531.

295 N.W.2d 650 (1980)

MINNESOTA FIFTH CONGRESSIONAL DISTRICT INDEPENDENT-REPUBLICAN PARTY et al., Respondents, v. STATE of Minnesota ex rel. Warren SPANNAUS, Attorney General, Appellant, and City of Minneapolis ex rel. Lyall A. Schwarzkopf, City Clerk, Respondent.

Supreme Court of Minnesota.

August 8, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Richard Allyn, Sol. Gen., LeRoy C. Paddock, and D. Douglas Blanke, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Popham, Haik, Schnobrich, Kaufman & Doty and Bruce D. Willis, Minneapolis, for Minnesota Fifth Congressional District Independent-Republican Party, et al.

Robert J. Alfton, City Atty., and Larry F. Cooperman, Asst. City Atty., Minneapolis, for City of Minneapolis ex rel. Schwarzkopf.

Michael H. Burns, MCLU Volunteer Atty., Linda Ojala, MCLU Legal Counsel, Minneapolis, for amicus curiae.

Heard, considered, and decided by the court en banc.

WAHL, Justice.

The question for our decision is whether Minn.Stat. § 202A.22, subd. 1(m) (1978), which requires that any candidate filing for a partisan municipal office as an "Independent" state in his affidavit of candidacy "that he did not seek, does not intend to seek, and will not accept any party's support for his candidacy," violates First Amendment rights of political association and expression. We hold that it does and affirm the order of the Hennepin...

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