Legal Opinion

The Libertarian Party of Texas v. John W. Fainter, Jr., Secretary of State of Texas, and Anita Rodeheaver, County Clerk of Harris County, Texas

Court of Appeals for the Fifth Circuit

Decided September 21, 1984No. 84-2446PublishedCited by 15 opinions

1Per curiam

I

In July 1984 several members of the Libertarian Party of Texas (the Libertarians) filed this suit challenging the constitutionality of two provisions of the Texas statutory scheme prescribing the requirements a political party must meet in order to have the names of its candidates printed *729on the general election ballot. Under Texas Election Code Annotated Art. 13.45(1) (Vernon’s Supp.1984), any political party which receives more than two percent of the total number of votes cast in the last Texas gubernatorial election may have its candidates printed on the ballot after holding either a…

2Cases cited3 opinions

  1. American Party of Texas v. WhiteSupreme Court of the United States · 1974
  2. The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc.Court of Appeals for the Fifth Circuit · 1974
  3. Henry T. Dart and the Libertarian Party of Louisiana v. James H. Brown, Secretary of State for the State of LouisianaCourt of Appeals for the Fifth Circuit · 1983

3Cited by15 opinions

  1. Gus Hall v. Edwin J. SimcoxCourt of Appeals for the Seventh Circuit · 1985
  2. 281-300 Joint Venture v. Robert F. Onion, Substitute Trustee, and San Antonio Savings AssociationCourt of Appeals for the Fifth Circuit · 1991
  3. Diane Pilcher, Roger Gary, George Meeks and the Libertarian Party of Texas v. Jack M. Rains, Secretary of State of TexasCourt of Appeals for the Fifth Circuit · 1988
  4. LaBalbo v. HymesNew Mexico Court of Appeals · 1993
  5. Benham v. DriegertDistrict Court, N.D. Texas · 1994

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