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TWIN CITIES AREA NEW PARTY v. McKENNA

No. 94-3417.

73 F.3d 196 (1996)

TWIN CITIES AREA NEW PARTY, Appellant, v. Lou McKENNA, Director, Ramsey County Department of Property Records and Revenue; Joan Anderson-Growe, Secretary of State, State of Minnesota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 5, 1996.

Attorney(s) appearing for the Case

Cornish F. Hitchcock, Washington, DC, argued (Kenneth E. Tilsen, David C. Vladeck, Joel Rogers and Sarah E. Siskind, on the brief), for appellant.

Mark B. Levinger, Asst. Attorney General, St. Paul, MN, argued, for appellees.

Before RICHARD S. ARNOLD, Chief Judge, and WOOD and FAGG, Circuit Judges.

FAGG, Circuit Judge.

In this case, we must decide whether Minnesota can constitutionally prevent a minor political party from nominating its chosen candidate on the ground the candidate is another party's nominee, even though the candidate consents to the minor party's nomination and the other party does not object. See Minn.Stat. § 204B.06 subd. 1(b) (1994); id. § 204B.04 subd. 2.

The facts are undisputed. In April 1994, the Twin Cities...

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