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SOCIALIST WORKERS PARTY v. HECHLER

No. 88-2199.

890 F.2d 1303 (1989)

SOCIALIST WORKERS PARTY; George Richard McBride; James Kenneth Gotesky; Elvena Elizabeth Brady; Cleve Andrew Pulley; Toba Leah Singer, Plaintiffs-Appellants, v. Ken HECHLER, in his official capacities as Secretary of State of West Virginia and Member, State Election Commission Office of Secretary of State; Allan Hammock, in his official capacity as Member, State Election Commission Office of Secretary of State; Barbara Ruley, in her official capacity as Member, State Election Commission Office of Secretary of State; Ben Bryant, in his official capacity as Member, State Election Commission Office of Secretary of State; Perry Reed, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1989.

Rehearing and Rehearing Denied December 28, 1989.

Attorney(s) appearing for the Case

Robert Milton Bastress, Jr., Morgantown, W.Va., for plaintiffs-appellants.

Robert Eugene Wilkinson, Sp. Asst. Atty. Gen., for defendants-appellees.

Before HALL and WILKINSON, Circuit Judges, and WILLIAMS, Senior District Judge for the Western District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied December 28, 1989.

GLEN M. WILLIAMS, Senior District Judge:

Appellants, the Socialist Workers Party and five individuals, brought suit against the members of the West Virginia State Election Commission alleging that certain provisions of the state's election laws are unconstitutional. Specifically, they object to the provision that individuals who sign nominating petitions for minor party candidates thereby lose their...

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