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BELITSKUS v. PIZZINGRILLI

Nos. 01-3747, 01-3824.

343 F.3d 632 (2003)

William M. BELITSKUS; Thomas Alan Linzey; Barbara Knox; John Stith; Eric Prindle; Jennaro Pullano; Ralph Nader; Nader 2000 Primary Committee; Pennsylvania Green Party; Will Donovan, III v. Kim PIZZINGRILLI, in her official capacity as Secretary of State of Pennsylvania; Richard Filling, in his official capacity as the Commissioner overseeing Pennsylvania's Bureau of Commissions, Elections and Legislation, Appellants in Docket No. 01-3747 Thomas Alan Linzey, John Stith Pennsylvania Green Party and Will Donovan III, Appellants in Docket No. 01-3824.

United States Court of Appeals, Third Circuit.

Decided September 11, 2003.

Attorney(s) appearing for the Case

D. Michael Fisher, Attorney General, John G. Knorr, III (Argued), Chief Deputy Attorney General, Chief, Appellate Litigation Section, Gregory R. Neuhauser, Senior Deputy Attorney General, Office of Attorney General, Harrisburg, PA, for Appellants/Cross Appellees.

Bonita P. Tenneriello (Argued), John C. Bonifaz, Brenda Wright, Lisa J. Danetz, National Voting Rights Institute, Boston, MA, Jordan B. Yeager, Boockvar & Yeager, Doylestown, PA, David Kairys, Philadelphia, PA, for Appellees/Cross Appellants.

Before: NYGAARD, ROTH and WEIS, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

The Pennsylvania election code requires candidates for various local, state, and national offices to pay a filing fee prior to having their names placed on the ballot. During the 2000 campaign, plaintiffs challenged the filing fee, contending that the mandatory nature of the fee, coupled with the absence of an alternative means by which indigent candidates might gain access...

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