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NELSON v. WARNER

CIVIL ACTION NO. 3:19-0898.

446 F.Supp.3d 119 (2020)

Dakota NELSON; Belinda Biafore, individually and as Chairperson of the West Virginia Democratic Party; Elaine A. Harris, individually and as Chairperson of the Kanawha County Democratic Executive Committee; West Virginia Democratic Party; and West Virginia House Legislative Committee, Plaintiffs, v. Mac WARNER in his official capacity as West Virginia Secretary of State; and Vera McCormick, in her official capacity as Clerk of Kanawha County West Virginia, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

Signed March 17, 2020.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 441 Civil Rights: Voting
Source: PACER

Attorney(s) appearing for the Case

Anthony J. Majestro , Powell & Majestro, Charleston, WV, for Plaintiffs.

Curtis R. Capehart , John Mercer Masslon, II , WV Attorney General's Office, Michael W. Taylor , Bailey & Wyant, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

This suit challenges the constitutionality of a West Virginia law mandating that the party whose candidate for president received the most votes in the last election be listed first on ballots for partisan offices...

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