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LIBERTARIAN PARTY OF WASHINGTON v. MUNRO

No. 92-36620.

31 F.3d 759 (1994)

The LIBERTARIAN PARTY OF WASHINGTON; Arthur Rathjen; Dan Blachly; Tom Isenberg, Plaintiffs-Appellants, v. Ralph MUNRO, Secretary of State for Washington State; Brian Sonntag, Auditor for Pierce County, Washington; Jane Haugh, Elections Manager, for King County, Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1994.

Attorney(s) appearing for the Case

Richard Shepard, Tacoma, WA, for plaintiffs-appellants.

Jeffrey T. Even, Asst. Atty. Gen., Olympia, WA, Roger J. Miener, Office of Pros. Atty., Tacoma, WA, Quentin R. Yerxa, King County Pros. Attys. Office, Seattle, WA, for defendants-appellees.

Before: CANBY, and T.G. NELSON, Circuit Judges and William B. Shubb, District Judge.

CANBY, Circuit Judge:

The Libertarian Party of Washington appeals the district court's grant of summary judgement in its suit under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, challenging Washington state election procedures that effectively require minor party candidates to announce their candidacies four to five weeks earlier than major party candidates. Because the challenged procedures have a rational basis and impose only a...

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