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YES ON TERM LIMITS, INC. v. SAVAGE

No. 07-6233.

550 F.3d 1023 (2008)

YES ON TERM LIMITS, INC., Robert Murphy; Sherri Ferrell; Eric Dondero Rittberg, Plaintiffs-Appellants, v. M. Susan SAVAGE, individually and in her official capacity as Oklahoma Secretary of State; W.A. Drew Edmondson, individually and in his official capacity as the Oklahoma Attorney General, Defendants-Appellees. Institute For Justice; American Civil Rights Coalition, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 18, 2008.

Attorney(s) appearing for the Case

Edward D. Greim, Graves Bartle & Marcus LLC, Kansas City, MO (Todd P. Graves, Graves Bartle & Marcus LLC, Kansas City, MO; Michael Salem, Salem Law Offices, Norman, OK; and Stephen M. Hoersting, Esq., Vice President, Center for Competitive Politics, Alexandria, VA, with him on the briefs), for Plaintiffs-Appellants.

Gregory Thomas Metcalfe, Assistant Attorney General, Oklahoma Attorney General's Office (Martha R. Kulmacz, Assistant Attorney General, Oklahoma Attorney General's Office, and Sandy Rinehart, Senior Assistant Attorney General, with him on the brief), Oklahoma City, OK, for Defendants-Appellees.

William R. Maurer, Institute for Justice, Seattle, WA, filed an amicus curiae brief in support of Plaintiffs-Appellants.

Michael E. Rosman and Michelle A. Scott, Center for Individual Rights, Washington, D.C., filed an amicus brief for American Civil Rights Coalition in support of Plaintiffs-Appellants.

Before MURPHY, McKAY, and McCONNELL, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiffs brought this action pursuant to 42 U.S.C. § 1983, challenging the validity of Oklahoma's ban on non-resident petition circulators under the First Amendment, Privileges and Immunities Clause, and Commerce Clause of the United States Constitution. Plaintiffs sought declaratory and injunctive relief. The United States District Court for the Western District of Oklahoma upheld the ban and denied Plaintiffs...

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