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SWANSON v. WORLEY

No. 06-13643.

490 F.3d 894 (2007)

Johnny SWANSON, III, Frank E. Cobb, Joe Grimsley, Plaintiffs-Appellants, The Independent Democrats (Alabama), Plaintiff, v. Nancy WORLEY, Alabama Secretary of State, Troy King, Alabama Attorney General, Nancy O. Robertson, Probate Judge for Barbour County, Alabama, Arthur C. Murray, Probate Judge for Calhoun County, Alabama, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 29, 2007.

Attorney(s) appearing for the Case

T. Allen French, Office of Robert B. French, Jr., P.C., Fort Payne, AL, Arlene M. Richardson, Richardson Legal Ctr., LLC, Haynesville, AL, for Plaintiffs-Appellants.

Kevin Christopher Newsom, James W. Davis, John J. Park, Jr., Montgomery, AL, for Defendants-Appellees.

Before HULL and MARCUS, Circuit Judges, and BARZILAY, Judge.

HULL, Circuit Judge:

Plaintiffs are former independent political candidates who appeal the district court's order granting summary judgment to the state defendants on plaintiffs' constitutional challenge to Alabama's ballot access restrictions. Specifically, under Alabama law, independent candidates seeking ballot access must submit a petition with the signatures of at least three percent of qualified electors who cast ballots at the last general election for governor...

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