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LIBERTARIAN PARTY OF NM v. HERRERA

No. 06-2303.

506 F.3d 1303 (2007)

LIBERTARIAN PARTY OF NEW MEXICO; Siebert Ickler; Michael Blessing; John Pfersich; Stan Raczynski, Plaintiffs-Appellants, v. Mary HERRERA, in her official capacity as Secretary of the State of New Mexico; Margaret C. Toulouse, in her official capacity as County Clerk of Bernalillo County, New Mexico, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 7, 2007.

Attorney(s) appearing for the Case

Bryan Sells (Laughlin McDonald with him on the briefs), American Civil Liberties Union, Atlanta, GA, for Plaintiffs-Appellants.

David K. Thomson, Assistant Attorney General (Gary K. King, Attorney General of New Mexico, with him on the brief), Santa Fe, NM, for Defendants-Appellees.

Before MURPHY, BRORBY, and McCONNELL, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

The Libertarian Party of New Mexico and several of its candidates for public office sought to be placed on the ballot in New Mexico for the November 7, 2006, general election. Failing to obtain the requisite signatures required under New Mexico's election law, N.M. Stat. Ann. §§ 1-8-2(B), 1-8-3(C), the Secretary of State refused to place the candidates' names on the ballot. The Libertarian Party...

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