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BLOCK v. MOLLIS

C.A. No. 09-047 S.

618 F.Supp.2d 142 (2009)

Kenneth BLOCK; Moderate Party of Rhode Island; and Moderate Party of RI PAC, Plaintiffs, v. A. Ralph MOLLIS, Secretary of the State of Rhode Island, in his official capacity; Robert Kando, Executive Director of the Rhode Island Board of Elections, in his official capacity; and Patrick Lynch, Attorney General of the State of Rhode Island, in his official capacity, Defendants.

United States District Court, D. Rhode Island.

May 29, 2009.

Attorney(s) appearing for the Case

Mark W. Freel, Esq., Edwards Angell Palmer & Dodge LLP, Providence, RI, for Plaintiff.

Thomas A. Palombo, Esq., Michael W. Field, Esq., Attorney General's Office, Providence, RI, for Defendants.

DECISION AND ORDER

WILLIAM E. SMITH, District Judge.

This case calls into question the constitutionality of a provision of R.I. Gen. Laws ch. 17-1-2(9), which prescribes how an organization can become a recognized political party in Rhode Island. The Moderate Party of Rhode Island seeks to enjoin enforcement of the January 1 start date for voter signature collection to qualify by petition, and the related requirement that a prospective party collect signatures...

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