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DUKE v. CLELAND

No. 92-8048.

954 F.2d 1526 (1992)

David DUKE, Martha Andrews, William Gorton and Victor Manget, Plaintiffs-Appellants, v. Max CLELAND, Secretary of State of the State of Georgia and Chair of the Presidential Candidate Selection Committee; and Presidential Candidate Selection Committee, Defendants-Appellees, Alec L. Poitevint, Member of the Presidential Candidate Selection Committee, Defendant-Intervenor-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 11, 1992.

Attorney(s) appearing for the Case

Griffin, Dickson & O'Toole, Marietta, Ga., Neil T. Bradley, Moffatt Laughlin McDonald, Mary Ellen Wyckoff, American Civ. Liberties Union, Southern Regional Office, Gerald R. Weber, American Civ. Liberties Union, Atlanta, Ga., for plaintiffs-appellants.

Dennis R. Dunn, Sr. Asst. Atty. Gen., Atlanta, Ga., for Cleland and Presidential Candidate Selection Committee.

Oscar N. Persons, Howard D. Hinson, David J. Stewart, Lonnie Theodore Brown, Scott C. Commander, R. Clay Milling, Alsont & Bird, Frank Strickland, Atlanta, Ga., for Poitevint.

Before KRAVITCH, ANDERSON and COX, Circuit Judges.

ANDERSON, Circuit Judge:

FACTS

On December 4, 1991, appellant Duke announced his candidacy for the Republican nomination for President of the United States. Under Georgia law, a presidential preference primary shall be held in 1992 "so that the electors may express their preference for one person to be the candidate for nomination by his party or body for the office of President of the United States." O.C.G.A. § 21-2-191. Political parties participating...

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