United States Tenth Circuit

Oklahoma's semi-closed primary election statutes violate the associational rights of the Libertarian Party of Oklahoma by preventing it from inviting members of other parties to vote in its primary elections. Absent a clearer demonstration that political stability is implicated, the statutes do not survive strict scrutiny; denial of plaintiffs' request for a permanent injunction is reversed and remanded.

Appellate Information

• Decided 04/06/2004
• Published 04/06/2004

Judges

• LUCERO, Circuit Judge., Before KELLY, LUCERO, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James C. Linger, Tulsa, OK, for Plaintiffs-Appellants.


• For Appellees:
  
• Wellon B. Poe, Assistant Attorney General, Oklahoma City, OK, for Defendants-Appellees.