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THOURNIR v. MEYER

No. 89-1082.

909 F.2d 408 (1990)

Eileen M. THOURNIR, Plaintiff-Appellant, v. Natalie MEYER, Secretary of State for the State of Colorado; and State of Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 23, 1990.

Attorney(s) appearing for the Case

David H. Miller (Tamara K. Vincelette and Linda C. Michow of Holland & Hart, Denver, Colo., with him on the briefs), American Civil Liberties Union Foundation of Colo., Denver, Colo., for plaintiff-appellant.

Maurice G. Knaizer, Deputy Atty. Gen. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., and Richard H. Forman, Sol. Gen., with him on the briefs), Denver, Colo., for defendants-appellees.

Before MOORE and McWILLIAMS, Circuit Judges, and BRATTON, District Judge.

JOHN P. MOORE, Circuit Judge.

This case challenges the constitutionality of Colorado Revised Statutes § 1-4-801(1)(i) (1980) which provides that a person seeking elective office as an unaffiliated candidate must be registered in Colorado as an unaffiliated voter for at least one year before filing a nomination petition. On cross-motions for summary judgment, the district court concluded the statute imposed no constitutionally...

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