University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Libertarian Party of North Dakota v. Jaeger VR-ND-0004
Docket / Court 3:10-cv-64-RRE ( D.N.D. )
State/Territory North Dakota
Case Type(s) Election/Voting Rights
Case Summary
On July 16, 2010, the Libertarian Party of North Dakota and three LPND candidates filed suit in the U.S. District Court for the District of North Dakota against the state of North Dakota, under 42 U.S.C. § 1983. They sought a declaratory judgment, alleging that their exclusion from the general ... read more >
On July 16, 2010, the Libertarian Party of North Dakota and three LPND candidates filed suit in the U.S. District Court for the District of North Dakota against the state of North Dakota, under 42 U.S.C. § 1983. They sought a declaratory judgment, alleging that their exclusion from the general ballot after failing to gain a state-imposed threshold number of votes in the primary election violated the First and Fourteenth Amendments of the Constitution.

On September 3, 2010, the District Court (Judge Ralph Erickson) granted the state's motion to dismiss, because a state may limit access to the general ballot to only those candidates who were able to gain a "substantial modicum" of support in the primary election. The Eighth Circuit affirmed the decision on appeal (659 F.3d 687) and the Supreme Court denied certiorari (132 S.Ct. 1932).

Jonathan Forman - 06/13/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Defendant-type
Jurisdiction-wide
General
Voting
Plaintiff Type
Private Plaintiff
Voting
Candidate qualifications
Election administration
Causes of Action 42 U.S.C. § 1983
Defendant(s) State of North Dakota
Plaintiff Description The Libertarian Party of North Dakota and three LPND candidates excluded from the general election ballot after failing to gain a state-imposed threshold number of votes in the primary election.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Docket(s)
3:10−cv−00064 (D.N.D.) 12/02/2011
VR-ND-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/14/2010
VR-ND-0004-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order Granting Defendant's Motion to Dismiss and Denying Plaintiffs' Request for a Preliminary Injunction 09/03/2010 (D.N.D.)
VR-ND-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (8th Circuit) 10/17/2011 (659 F.3d 687)
VR-ND-0004-0002.pdf | WESTLAW| LEXIS | Detail
Petition for Certiorari 02/21/2012
VR-ND-0004-0001.pdf | Detail
Opinion 04/16/2012 (132 S.Ct. 1932 / 182 L.Ed.2d 774)
VR-ND-0004-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Bye, Kermit Edward (Eighth Circuit)
VR-ND-0004-0002
Erickson, Ralph R. (D.N.D.)
VR-ND-0004-0004 | VR-ND-0004-9000
Klein, Karen K. (D.N.D.) [Magistrate]
VR-ND-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hall, Oliver B. (District of Columbia)
VR-ND-0004-0001 | VR-ND-0004-0002 | VR-ND-0004-0003 | VR-ND-0004-9000
Defendant's Lawyers Bahr, Douglas Alan (North Dakota)
VR-ND-0004-0002 | VR-ND-0004-9000
Other Lawyers None on record

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