[DOWNLOAD] "Reform Party of Allegheny County v. Allegheny County Dept. of Elections" by Third Circuit U.S. Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Reform Party of Allegheny County v. Allegheny County Dept. of Elections
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 30, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 95 KB
Description
In this en banc review, we must determine to what extent our earlier decision in Patriot Party of Allegheny County v. Allegheny County Dept of Elections, 95 F.3d 253 (3d Cir. 1996) (Patriot Party I), remains good law in the wake of the Supreme Courts decision in Timmons v. Twin Cities Area New Party, 117 S. Ct. 1364 (1997). In Patriot Party I, we held that the Pennsylvania statutes at issue, which in certain local elections bar cross-nomination of candidates by minor parties, but not by major parties, violated the Patriot Partys right to freedom of association under the First and Fourteenth Amendments, as well as its right to equal protection of the laws under the Fourteenth Amendment. We now conclude that the decision in Timmons, in upholding a Minnesota "anti-fusion" statute against a First Amendment attack, does not undercut our equal protection analysis in Patriot Party I. We will, therefore, reaffirm our holding that the Pennsylvania statutes here, as applied to the local elections in question, violate the Patriot Partys right to equal protection of the laws.