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CANDIDACY OF INDEPENDENCE v. KIFFMEYER

No. A04-1775.

688 N.W.2d 854 (2004)

In re CANDIDACY OF INDEPENDENCE PARTY CANDIDATES James MOORE, David Allen, and Maureen Peterson, Petitioners, v. Mary KIFFMEYER, as Secretary of State for the State of Minnesota, Respondent.

Supreme Court of Minnesota.

November 10, 2004.

Attorney(s) appearing for the Case

Michael B. Padden, Padden and Associates, P.A., David A. Schultz, Hamline University, St. Paul, MN, for Appellant.

Mike Hatch, Attorney General, Kristine Eiden, Chief Deputy Attorney General, St. Paul, MN, for Respondent.

Robin Michelle Wolpert, Dorsey and Whitney, Minneapolis, MN, for Amici Curiae.

Heard, considered, and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

On September 21, 2004, James Moore, David Allen, and Maureen Peterson1 filed a petition under Minn.Stat. § 204B.44 (2002) requesting an order directing the respondent Mary Kiffmeyer, as Secretary of State of the State of Minnesota, to place the names of Independence Party nominees for the Minnesota House of Representatives and the United States House of Representatives on the November 2, 2004...

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