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LIBERTARIAN PARTY OF TEXAS v. FAINTER

No. 84-2446 Summary Calendar.

741 F.2d 728 (1984)

The LIBERTARIAN PARTY OF TEXAS, et al., Plaintiffs-Appellants, v. John W. FAINTER, Jr., Secretary of State of Texas, and Anita Rodeheaver, County Clerk of Harris County, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing September 21, 1984.

Attorney(s) appearing for the Case

Boanerges & Yaussy, Laura B. Yaussy, James Boanerges, Houston, Tex., for plaintiffs-appellants.

Jim Mattox, Atty. Gen., David R. Richards, Robert L. Lemens, Asst. Attys. Gen., Austin, Tex., for defendants-appellees.

Roderick Q. Lawrence, Houston, Tex., for Rodeheaver.

Before GEE, JOHNSON, and DAVIS, Circuit Judges.

PER CURIAM:

I.

In July 1984 several members of the Libertarian Party of Texas (the Libertarians) filed this suit challenging the constitutionality of two provisions of the Texas statutory scheme prescribing the requirements a political party must meet in order to have the names of its candidates printed on the general election ballot. Under Texas Election Code Annotated Art. 13.45(1) (Vernon's Supp.1984), any political...

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