LIBERTARIAN PARTY OF NEW HAMPSHIRE v. GARDNER

No. 15-2068.

843 F.3d 20 (2016)

LIBERTARIAN PARTY OF NEW HAMPSHIRE, Plaintiff, Appellant, v. William M. GARDNER, New Hampshire Secretary of State, in his official capacity, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 2, 2016.


Attorney(s) appearing for the Case

William E. Christie , with whom Shaheen & Gordon, P.A., Concord, NH, Gilles R. Bissonnette , and American Civil Liberties Union of New Hampshire were on brief, for appellant.

Laura E. B. Lombardi , Senior Assistant Attorney General, New Hampshire Department of Justice, with whom Stephen G. LaBonte , Concord, NH, and Joseph A. Foster , New Hampshire Attorney General, were on brief, for appellee.

Mark W. Freel , and Locke Lord LLP, Providence, RI, on brief for Libertarian Association of Massachusetts, Green-Rainbow Party, United Independent Party, Maine Green Independent Party, and Moderate Party of Rhode Island, amici curiae in support of appellant.

Bruce I. Afran , Princeton, NJ, Mark R. Brown , and Oliver B. Hall , on brief for the Center for Competitive Democracy, amicus curiae in support of appellant.

Gordon J. MacDonald , Holly J. Barcroft , and Nixon Peabody LLP, Manchester, NH, on brief for the Republican National Committee, amicus curiae in support of appellee.

Before Lynch, Thompson, and Kayatta, Circuit Judges.


Like most states, the State of New Hampshire has long required that political parties seeking to have their nominees listed on statewide election ballots first demonstrate a sufficient modicum of support among registered voters. New Hampshire law deems that a party has made such a demonstration if, in the most recent prior...

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