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PILCHER v. RAINS

No. 88-1245.

853 F.2d 334 (1988)

Diane PILCHER, Roger Gary, George Meeks and the Libertarian Party of Texas, Plaintiffs-Appellees, v. Jack M. RAINS, Secretary of State of Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 16, 1988.

Attorney(s) appearing for the Case

Paul D. Rich, Asst. Atty. Gen., San Antonio, Tex., Jim Mattox, Atty. Gen., Austin, Tex., for defendant-appellant.

James C. Linger, Tulsa, Okl., for plaintiffs-appellees.

Before KING, JOHNSON, and JOLLY, Circuit Judges.

JOHNSON, Circuit Judge.

The Texas Secretary of State appeals from an injunction against enforcement of a provision of the Texas Election Code requiring voter registration numbers on minor-party ballot access petitions. Because we hold that the district court applied the correct legal test for an unconstitutional burden on ballot access, and because the factual findings of the district court are not clearly erroneous, we affirm.

I. BACKGROUND

Texas...

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