West Virginia Libertarian Party v. Manchin

Miller, Justice:

The petitioners in this original mandamus proceeding — the West Virginia Libertarian Party; the 1980 West *208Virginia Socialist Workers Compaign Committee; Tom Moriarty, the Socialist Workers’ gubernatorial candidate; and John B. Anderson — challenge the constitutionality of various provisions of the West Virginia Code which govern their access to the ballot for the 1980 general election.

The petitions were filed with this Court on April 80, 1980. On May 6, we granted a rule to show cause, making the return date for full argument May 20. Shortly before the date of full argument,…