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CASE ENTRY

Utah Republican Party v. Cox

Historically, Utah Republican Party selected nominees through a caucus system, but state Legislature passes a law saying candidates must also be allowed to qualify by gathering signatures. Tenth Circuit: Which does not unduly burden the party’s right of association, as the legislature was just trying to fix an overly-restrictive nominating procedure. Dissent: Procedure determines substance, and the Legislature cannot be allowed to tinker with the substance of whom a party nominates to office.


Tags: 2018, Election Law, First Amendment, Freedom of Association, Tenth Circuit

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