Legal Opinion

Diane Pilcher, Roger Gary, George Meeks and the Libertarian Party of Texas v. Jack M. Rains, Secretary of State of Texas

Court of Appeals for the Fifth Circuit

Decided August 16, 1988No. 88-1245PublishedCited by 21 opinions

1Opinion of the Court

JOHNSON, Circuit Judge.

The Texas Secretary of State appeals from an injunction against enforcement of a provision of the Texas Election Code requiring voter registration numbers on minor-party ballot access petitions. Because we hold that the district court applied the correct legal test for an unconstitutional burden on ballot access, and because the factual findings of the district court are not clearly erroneous, we affirm.

I. BACKGROUND

Texas election law establishes several requirements before a minor party may appear on the ballot. One is that the aspiring party must collect a number of…

2Cases cited10 opinions

  1. Anderson v. CelebrezzeSupreme Court of the United States · 1983
  2. Storer v. BrownSupreme Court of the United States · 1974
  3. Jenness v. FortsonSupreme Court of the United States · 1971
  4. Moore v. OgilvieSupreme Court of the United States · 1969
  5. American Party of Texas v. WhiteSupreme Court of the United States · 1974

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Brady v. Fourteenth Court of AppealsTexas Supreme Court · 1990
  2. Schulz v. WilliamsCourt of Appeals for the Second Circuit · 1994
  3. Schulz v. WilliamsCourt of Appeals for the Second Circuit · 1994
  4. Greidinger v. DavisCourt of Appeals for the Fourth Circuit · 1993
  5. Davis v. TaylorTexas Supreme Court · 1996

16 more not listed; retrieve them via the Exa API.

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