Libertarian Party of Washington State v. Washington State Grange

Linked with:

• Washington State Democratic Central Committee v. Washington State Grange

Issue: (1) Whether, by denying minor parties, including the Libertarian Party, virtually all access to the general election ballot, Washington’s Initiative I-872 -- which provides that the top two votegetters for each office advance to the general election -- violates the constitutional rights of minor parties and voters; (2) whether, by denying the Libertarian Party the right to disavow false candidacies or to acknowledge its nominee on the ballot or in any official publication, I-872 – which provides that candidates for office shall be identified on the ballot by their self-designated “party preference” -- violates the associational rights of the Libertarian Party; (3) whether, by denying the Libertarian Party the right to disavow false candidacies or to acknowledge its nominee on the ballot or in any official publication, I-872 denies the Libertarian Party trademark protection guaranteed by federal law; and (4) whether the unauthorized use of the trademarked name “Libertarian Party” by the State on election ballots to indicate “party preference” of unaffiliated candidates constitutes competition with the Libertarian Party in violation of the Lanham Act?

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Cir.)
• Petition for certiorari
• Brief of respondent Washington State Grange in opposition
• Brief of respondent State of Washington in opposition
• Reply of petitioner