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COUNCIL OF ALTERNATIVE POLITICAL PARTIES v. HOOKS

No. 98-5256.

179 F.3d 64 (1999)

THE COUNCIL OF ALTERNATIVE POLITICAL PARTIES, Green Party of NJ, Natural Law Party, NJ Conservative Party, NJ Libertarian Party, U.S. Taxpayers Party of New Jersey, Albert Larotonda, Gary Novosielski, Madelyn Hoffman, Jim Mohn, Mary Jo Christian, Jeffrey M. Levine, Tom Blomquist, Bernard Sobolewski, Sal Duscio, Anne Stommel, Leonard Flynn, John Paff, Michael Buoncristiano, Emerson Ellett, Charles Novins, Lowell T. Patterson, Eugene R. Christian, Scott Jones, Richard S. Hester, Sr., Barbara Hester, Austin S. Lett, Arnold Kokans, Leona Lavone, Shirley Boncheff, Christian Zegler, Victoria Spruiell, Harley Tyler, v. Lonna R. HOOKS, Secretary of State of the State of New Jersey, in her official capacity and her successors, Appellant

United States Court of Appeals, Third Circuit.

Decided June 1, 1999.

Attorney(s) appearing for the Case

Peter Verniero, Attorney General of New Jersey, Joseph L. Yannotti, Assistant Attorney General of Counsel, Donna Kelly (Argued), Senior Deputy Attorney General, Trenton, New Jersey, for Defendant-Appellant.

Lenora M. Lapidus, David R. Rocah (Argued), American Civil Liberties Union of New Jersey, Newark, New Jersey, for Plaintiffs-Appellees.

Before: SCIRICA, ALITO, Circuit Judges, and GREEN, Senior District Judge

OPINION OF THE COURT

ALITO, Circuit Judge:

This appeal concerns the constitutionality of a provision of New Jersey's election law, N.J.S.A. § 19:13-9, that, as recently amended, requires independent and so-called "alternative political party" candidates seeking access to the general election ballot to file nominating petitions by the day of the primary election. Because we conclude that the filing deadline is a reasonable, nondiscriminatory regulation...

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