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NELSON v. WARNER

CIVIL ACTION NO. 3:19-0898.

472 F.Supp.3d 297 (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, and all ballot commissioners for the state of West Virginia, Defendants.

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

Signed July 15, 2020.

Attorney(s) appearing for the Case

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

Curtis R. Capehart , John Mercer Masslon, II , Jessica Anne Lee , West Virginia Attorney General's Office, Charleston, WV, for Defendant Mac Warner.

Michael W. Taylor , Samuel M. Bloom , Bailey & Wyant, Charleston, WV, for Defendant Vera McCormick.

MEMORANDUM OPINION AND ORDER

This suit challenges the constitutionality of a West Virginia law mandating that ballots for partisan offices list first the party whose candidate for president received the most votes in the last election. The defendants now move for summary judgment on the...

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