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LIBERTARIAN PARTY OF NEW HAMPSHIRE v. GARDNER

No. 10-1360.

638 F.3d 6 (2011)

LIBERTARIAN PARTY OF NEW HAMPSHIRE et al., Plaintiffs, Appellants, v. William M. GARDNER, in his official capacity as Secretary of State of New Hampshire, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 24, 2011.

Attorney(s) appearing for the Case

Gary Sinawski on brief for appellants.

Nancy J. Smith , Senior Assistant Attorney General, and Michael A. Delaney , Attorney General, on brief for appellee.

Before LYNCH, Chief Judge, SELYA and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

This appeal raises constitutional election law issues regarding the listing of political affiliations next to the names of candidates on a state general election ballot.

On New Hampshire's 2008 ballot, in a column headed "Other Candidates," in the row for the offices of President and Vice President, two pairs of candidates were identified as "Libertarian." One pair was Bob Barr and Wayne Root, who had received the Libertarian Party's nomination...

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