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DEVINE v. STATE OF R.I.

Civ. A. No. 92-0580-P.

827 F.Supp. 852 (1993)

Joseph F. DEVINE, John M. Carlevale, and Anthony Almonte, Plaintiffs, US PAC, a political action committee and association in and through its President, Bruce Lang, and Treasurer, Steven Richards, Daniel J. Grych, Arthur Osterhout, Robert F. Plante, Scott J. Grych, Jonathan Bell, Warren A. Pizik, Domenic Perillo, Michael M. Young, Hugh D. Auchincloss, Clifford M. Carlson, Richard Brochu, Patricia Ann Pimental, Charles Clifton Cox III, Richard H. Patenaude, Carolyn Randell, Joseph Cross, Charles Nelson, Robert Bailey, Vilma Zanni and Mark A. Cote, Plaintiff Intervenors, v. STATE OF RHODE ISLAND and Providence Plantations, Kathleen S. Connell, Personally and in her Capacity as Secretary of State, and Joseph R. Distephano, Personally and in his capacity as Chairman of the Rhode Island Board of Elections, Defendants.

United States District Court, D. Rhode Island.

July 14, 1993.

Attorney(s) appearing for the Case

Joseph F. Devine, pro se.

John M. Carlevale, pro se.

Anthony Almonte, pro se.

Arlene Marie Violet, Arlene Violet & Law Assoc., Barrington, RI, for intervenor plaintiffs.

Thomas A. Palombo, R.I. Atty. Gen.'s Office, Providence, RI, for defendants State of Rhode Island and Joseph DiStephano.

Amato A. DeLuca, Mandell, Goodman, DeLuca & Schwartz, Providence, RI, for defendant Kathleen Connell.

MEMORANDUM AND ORDER

PETTINE, Senior District Judge.

In this action, brought pursuant to 42 U.S.C. § 1983, plaintiffs challenge the constitutionality of Rhode Island's ballot configuration process. Plaintiffs, proceeding pro se, are three former independent candidates for statewide office in Rhode Island. Under the banner of "Reform '92," they sought to obtain the five percent (5%) of the popular vote necessary to establish a third "recognized...

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