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LIBERTARIAN PARTY OF NEVADA v. SWACKHAMER

No. CV R-86-197 BRT.

638 F.Supp. 565 (1986)

LIBERTARIAN PARTY OF NEVADA; James Burns, State Director of the Libertarian Party of Nevada; and Dan Becan, State Chairman of the Libertarian Party of Nevada, Plaintiffs, v. William D. SWACKHAMER, Secretary of State of the State of Nevada, Brian McKay, Attorney General of the State of Nevada, Richard Bryan, Governor of the State of Nevada, and State of Nevada, Defendants.

United States District Court, D. Nevada.

May 27, 1986.

Attorney(s) appearing for the Case

Randall K. Edwards, American Civil Liberties Union, Carson City, Nev., for plaintiffs.

Jennifer Stern, Deputy Atty. Gen., Carson City, Nev., for defendants.

JUDGMENT

BRUCE R. THOMPSON, District Judge.

Plaintiffs seek access for the Libertarian Party of Nevada (Party) to the 1986 electoral ballot. The electoral laws at issue are found at NRS 293.128 and 293.1276-1279. Prior to 1985, NRS 293.128 and NRS 293.073 stood as the only hurdles to third party ballot access. NRS 293.128 then read:

To qualify as a political party any organization shall, under a common name or designation, file a petition with the...

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