Libertarian Party of Florida v. State

RONEY, Circuit Judge:

This is a ballot access case. Plaintiffs sought a declaratory judgment and preliminary injunction alleging that Florida’s Election Code, primarily its 3% statewide petition requirement, constitutes an impermissible burden and prior restraint in violation of the first and fourteenth amendments, and invidiously discriminates against them in violation of the equal protection clause of the fourteenth amendment. The district court held the statutes constitutional. On appeal, the plaintiffs contend the district court erred in applying an incorrect level of scrutiny to appraise…