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PATRIOT PARTY v. ALLEGHENY CTY. DEPT. OF ELECTIONS

No. 95-3385.

95 F.3d 253 (1996)

PATRIOT PARTY OF ALLEGHENY COUNTY v. ALLEGHENY COUNTY DEPARTMENT OF ELECTIONS; Mark Wolosik as Director of the Allegheny County Department of Elections, the Patriot Party of Allegheny County, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 9, 1996.

Sur Petition for Rehearing November 4, 1996.

Attorney(s) appearing for the Case

Cornish F. Hitchcock (argued), David C. Vladeck, Public Citizen Litigation Group, Washington, D.C., Sarah E. Siskind, Davis, Miner, Barnhill & Galland, Madison, WI, William A. Weiler, Jr., Weiler & Weiler, Jonathan B. Robison, Pittsburgh, PA, for Appellant.

Ira Weiss, County Solicitor, Allan J. Opsitnick (argued), Assistant County Solicitor, Office of Allegheny County Law Department, Pittsburgh, PA, for Appellees.

Before: GREENBERG, ROTH and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

The Allegheny County Patriot Party ("Party") alleges that two Pennsylvania election laws have prevented it from nominating its chosen candidate for school director, in violation of the Party's First and Fourteenth Amendment right of free association as well as its Fourteenth Amendment right to equal protection of the laws. The challenged laws, 25 Pa. Stat. Ann. §§ 2936(e) and 2911(e)(5), prevent a minor...

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