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LIBERTARIAN PARTY OF FLA. v. STATE OF FLA.

No. 82-5617.

710 F.2d 790 (1983)

LIBERTARIAN PARTY OF FLORIDA, an unincorporated association, Alan Turin, William Marina, Doug Ramsay and Ed Clark, Plaintiffs-Appellants, v. STATE OF FLORIDA, George Firestone, as Secretary of State & Chief Election Officer of the State of Florida, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 29, 1983.

Attorney(s) appearing for the Case

Robert W. Smith, Pino, Knox & Smith, P.A., Orlando, Fla., for plaintiffs-appellants.

Kent A. Zaiser, Dept. of Legal Affairs, Civil Div., Tallahassee, Fla., for State of Fla. and Firestone.

Scott E. Wilt, Orlando, Fla., Murray A. Greenberg, First Asst. County Atty., Miami, Fla., David Cardwell, Lakeland, Fla., for Jane Carroll, et al.

Before RONEY and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

RONEY, Circuit Judge:

This is a ballot access case. Plaintiffs sought a declaratory judgment and preliminary injunction alleging that Florida's Election Code, primarily its 3% statewide petition requirement, constitutes an impermissible burden and prior restraint in violation of the first and fourteenth amendments, and invidiously discriminates against them in violation of the equal protection clause of the fourteenth amendment. The district court held the statutes...

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