REPUBLICAN PARTY OF ARK. v. FAULKNER COUNTY, ARK.

No. 94-1684.

49 F.3d 1289 (1995)

REPUBLICAN PARTY OF ARKANSAS; Faulkner County Republican Committee, Plaintiffs-Appellants, v. FAULKNER COUNTY, ARKANSAS; Faulkner County Election Commission, Defendants-Appellees, Association of Arkansas Counties; State of Arkansas, Intervenors-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1995.


Attorney(s) appearing for the Case

John Wesley Hall, Jr., Little Rock, AR, argued (Scott E. Daniel, on the brief), for appellants.

Angela S. Jegley, Little Rock, AR, argued, for State of Arkansas.

Robert A. Russell, Little Rock, AR, argued (Marcus Vaden, on the brief), for the Ass'n of Arkansas Counties.

Before FAGG, Circuit Judge; HEANEY, Senior Circuit Judge; and LOKEN, Circuit Judge.


HEANEY, Senior Circuit Judge.

In this appeal, the Republican Party of Arkansas challenges the constitutionality of Arkansas's requirements that political parties both conduct and pay for primary elections as a condition of access to the general election ballot. Because we find that the combined effect of these requirements impermissibly burdens the First and Fourteenth Amendment associational rights of voters and of the Republican Party, we hold them to be unconstitutional...

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