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GREEN PARTY OF ARKANSAS v. DANIELS

Case No. 4:09-cv-695-DPM.

733 F.Supp.2d 1055 (2010)

GREEN PARTY OF ARKANSAS, Rebekah Kennedy, and Mark Swaney, Plaintiffs v. Charlie DANIELS, in his official capacity as Secretary of State of the State of Arkansas, Defendant.

United States District Court, E.D. Arkansas, Western Division.

August 20, 2010.

Attorney(s) appearing for the Case

Bryan Sells , ACLU Foundation, Inc., Atlanta, GA, Holly Elizabeth Dickson , Arkansas Civil Liberties Union Foundation, Inc., Little Rock, AR, for Plaintiffs.

Scott P. Richardson , Ali M. Brady , Arkansas Attorney General's Office, Little Rock, AR, for Defendant.

AMENDED MEMORANDUM OPINION AND ORDER

D.P. MARSHALL JR., District Judge.

The question presented is whether Arkansas's statute defining a political party—how a group of voters becomes a party and stays a party—is unconstitutional when applied to the Green Party of Arkansas. The Party and two of its members (collectively the Green Party) challenge Ark. Code Ann. § 7-1-101(21) (Supp.2009) as imposing an unconstitutional burden on their First...

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