GREEN PARTY OF TENNESSEE v. HARGETT

No. 12-5271.

700 F.3d 816 (2012)

GREEN PARTY OF TENNESSEE; Constitution Party of Tennessee, Plaintiffs-Appellees, v. Tre HARGETT, in his official capacity as Tennessee Secretary of State; Mark Goins, in his official capacity as Coordinator of Elections for the State of Tennessee, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 30, 2012.


Attorney(s) appearing for the Case

ARGUED: Janet M. Kleinfelter , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellants. Alan P. Woodruff , Gray, Tennessee, for Appellees. ON BRIEF: Janet M. Kleinfelter , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellants. Alan P. Woodruff , Gray, Tennessee, for Appellees.

Before BOGGS, GILMAN, and DONALD, Circuit Judges.


OPINION

RONALD LEE GILMAN, Circuit Judge.

This case involves a facial challenge to several aspects of Tennessee's statutory scheme for providing ballot access to minor political parties in state and federal elections. Two minor political parties that seek such access — the Green Party of Tennessee and the Constitution Party of Tennessee — brought suit in federal district court in 2011, alleging that (1) the requirements to qualify for the Tennessee...

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