Munro

Libertarian Party of Washington v. Munro

Good Law
31 F.3d 759·1994 WL 363065
United States Court of Appeals for the Ninth CircuitJuly 14, 1994No. 92-36620California4,163 words

Opinion

Lead Opinion

Canby, J.

The Libertarian Party of Washington appeals the district court’s grant of summary judgement in its suit under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201 , challenging Washington state election procedures that effectively require minor party candidates to announce their candidacies four to five weeks earlier than major party candidates. Because the challenged procedures have a rational basis and impose only a de minimis burden on the Libertarians’ constitutional rights, we affirm.

BACKGROUND

Washington state provides two methods for obtaining a place on its primary ballot, one for candidates from major parties, and one for all other candidates. A political party that fielded at least one candidate who won at least five percent of the vote in the preceding statewide election is defined as a major party. RCW § 29.01.090. Major party candidates obtain a place on the ballot by filing a declaration of candidacy between the fourth Monday in July and the following Friday. RCW §§ 29.15.010 et seq.

Parties that had no candidates who received at least five percent of the vote in the preceding statewide election are defined as minor parties. RCW § 29.01.100. To get…

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